Are there any defenses to a debt collection lawsuit?

Yes, there are several defenses to a debt collection lawsuit in New York. The most common defense is that the debt is not due or that the plaintiff (debt collector) has not alleged sufficient facts to entitle them to a judgment. Another defense is that the debt is barred by the statute of limitations. This means that the debt collector cannot bring a claim for a debt that is too old under New York’s state laws. A third defense is that the debt is discharged in bankruptcy. If the debtor has declared bankruptcy and the debt was listed on the bankruptcy filing, then the debt collector cannot pursue the debt any further. A fourth defense is that the debt collector has violated the Fair Debt Collection Practices Act. This act protects consumers from unfair and deceptive practices by debt collectors. If a debt collector has violated any of the provisions of this act, then the debtor can use this as a defense in the lawsuit. A fifth defense is that the debt collector was not acting in good faith. If the debt collector has not acted in good faith when pursuing the debt, for example, by using false or misleading information or threatening the debtor, then the debtor can use this as a defense in the lawsuit. Finally, the debtor may be able to use the affirmative defense of payment or credit. This means that the debtor may be able to prove that the debt has been satisfied or that the debt has already been credited to the debtor’s account.

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Are there any defenses to a debt collection lawsuit?

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