affirmative defense

Statute of Limitations as an Affirmative Defense: How to Raise It in Your Answer

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Statute Of Limitations Affirmative Defense Debt Lawsuit

The statute of limitations (SOL) is an absolute defense that can get a debt lawsuit dismissed, but courts will not apply it automatically. You must actively raise it. If you file an Answer without formally listing the SOL as an affirmative defense, you waive the right to use it. The court will let the collector … Read more

Lack of Standing in Debt Collection Lawsuits: Why Debt Buyers Can’t Prove They Own Your Debt

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Lack Of Standing Debt Collection Lawsuit

Standing is the legal right to bring a lawsuit. If a debt buyer cannot prove they legally own your specific account, they lack standing to sue you. Debt buyers purchase accounts in massive portfolios, often receiving only a spreadsheet rather than complete documentation, creating severe standing vulnerabilities. To establish standing, the plaintiff must prove an … Read more