What defenses are available to me in a collection defense law case?
In South Carolina, there are a number of defenses available to you in a collection defense law case. First, you may assert the statute of limitations as a defense. This defense applies to claims more than three years old – meaning the creditor has waited too long to sue you. Second, you may dispute the amount claimed or the accuracy of the account, as creditors may make mistakes. Third, you may be able to demonstrate that the debt has been paid in full, or that you are not the person they are seeking payment from. Fourth, you may be able to demonstrate that you exercised your right to rescind a contract, or that there was a material breach of the contract. Finally, you may assert the defense of laches, which may be applicable if the creditor delayed in pursuing collection. It is important to remember that a collection defense law case involves complex legal issues and it is highly recommended that you seek the advice of an experienced attorney in order to ensure the most favorable outcome for you. An attorney can review the merits of your case and advise you on the best course of action.
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