What defenses are available to me in a collection defense law case?

In Florida, there are a few defenses to a collection defense law case. The first is the statute of limitations. In Florida, the statute of limitations is usually five years for a breach of contract or an unpaid debt. This means that if a creditor files a lawsuit to collect a debt and the debt is older than five years, then the debt cannot be collected. This defense could be used if the debt collector is trying to collect an old debt. Another defense is an “accord and satisfaction.” This is when the debtor and creditor reach an agreement on the amount owed, and the creditor agrees to accept that amount as full payment. This defense can be used if the debt collector is demanding more money than what was originally agreed upon. The third defense is a “lack of evidence.” This means that the creditor does not have the evidence needed to prove that you owe them money. This could include the original contract, the original billing statements, or the original invoices. Without this evidence, the creditor may not be able to prove that you owe them the money they are trying to collect. Finally, there is the defense of “dispute of the debt.” This means that the debt collector cannot prove that you owe them the money they are trying to collect. This could include that the creditor is trying to collect a debt from someone who is not you, or that the debt is not valid or was paid in full. Overall, there are some defenses available to you in a collection defense law case in Florida. It is important to consult with an experienced attorney to discuss the specifics of your case and determine which defense(s) may be available to you.

Related FAQs

What is a summons and complaint?
What kind of evidence is needed to win a collection defense law case?
What is a default judgment?
What happens if I ignore a letter from a debt collector?
How do I appeal a court decision in a collection defense case?
How do I know if I need a collection defense lawyer?
How can I stop a debt collector from calling me?
How do I determine if a debt collector is in violation of state collection laws?
Can a debt collector contact third parties regarding my debt?
What remedies are available if a debt collector does not follow the Fair Debt Collection Practices Act (FDCPA)?

Related Blog Posts

A Beginner's Guide to Collection Defense: What You Need to Know - July 31, 2023
What is the Fair Debt Collection Practices Act and How Does It Affect Your Rights? - August 7, 2023
How to Challenge Unfair Collection Tactics - August 14, 2023
Common Collection Defense Strategies that Could Help Your Case - August 21, 2023
Understand Your Rights: What You Need to Know About Collection Defense Law - August 28, 2023