What is an affirmative defense in a debt collection case?

An affirmative defense in a debt collection case is a legal argument used by a defendant to try to prove they are not legally responsible for paying back a debt. In California, a debtor has the right to assert an affirmative defense in any suit brought by a creditor to collect the debt. Generally, an affirmative defense will involve the debtor challenging the creditor’s legal right to take action and collect the debt, or claiming that the debt has already been paid or otherwise discharged. A few common affirmative defenses in California include: the statute of limitations, which limits how long a creditor may try to recover a debt; the creditor violated the Fair Debt Collection Practices Act (FDCPA); and the debt was discharged in bankruptcy. It’s important to note that an affirmative defense should be used as a last resort and must be raised in a timely fashion, as failure to do so could result in the debtor’s claim being waived. Additionally, if an affirmative defense is raised, it’s up to the debtor to prove the defense is valid.

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