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

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