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Affirmative Defenses Credit Card Debt Lawsuit

When a defendant files an answer, in addition to answering the allegations he/she can also state what are called “affirmative defenses.”

These defenses can contain allegations against statements of facts contrary to those stated in the original complaint. They also include various defenses based on legal principles. Many of these defenses fall into the “boilerplate” (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.

Samples of affirmative defenses used in a credit card lawsuit:

  • The plaintiff’s complaint is time-barred by the applicable statute of limitations on credit card debt in the state.

  • The defendant claims lack of privity as he/she has never entered into any contractual or debtor/creditor arrangements with the plaintiff.

  • The plaintiff’s complaint violates the statute of frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the complaint was not in writing and not signed by the defendant or by any other person authorized by the defendant.

  • The plaintiff is not the real party in interest and has failed to name all necessary parties.

There are many more affirmative defenses that you could list on your answer to the complaint.

You must make sure that you use every single affirmative defense that pertains to your case or you could lose that defense. If you didn’t list all of your affirmative defenses, check your local court rules to see if you can file to amend your answer.