What is an affirmative defense in a debt collection case?

An affirmative defense in a debt collection case is a defense that can be used by the defendant in a debt collection case in order to avoid liability. Affirmative defenses typically arise from facts that may not be known until after the debt is due and must be plead and proven by the defendant. In Florida, this type of defense involves one or more of the following circumstances: 1) The debt is time-barred, or past the statute of limitations. 2) The debt was settled or discharged in bankruptcy. 3) Payment was made, or the debt was otherwise discharged in satisfaction of the parties’ agreement. 4) There is a defect in the pleadings or the proof which renders the collection attempt invalid. 5) There is a dispute or defense to the underlying debt that renders the collection attempt invalid. These affirmative defenses are necessary for the defendant to prove in a debt collection case in order to avoid liability. Without them, the debt collector could easily bring a case against the debtor without fear of consequence for false claims. While these defenses can be helpful in certain cases, they should not be relied upon as the sole means of avoiding liability in a debt collection case. A complete assessment of the facts and circumstances of the case should be done by qualified legal counsel prior to asserting any affirmative defense in a debt collection case.

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