What is an affirmative defense in a debt collection case?

An affirmative defense in a debt collection case is a defense made by a defendant in a legal case that prevents them from having to pay for a claim that is brought against them. In a debt collection case, an affirmative defense means that the defendant is not responsible for the debt or responsible for repaying the debt. In the state of Illinois, there are three main affirmative defenses in a debt collection case: 1) Statute of Limitations: This defense states that the debt collector must file their claim within the time period set out by law, and if they fail to do so then the defendant is not responsible for the debt. 2) Legal Incapacity: This defense states that the defendant did not have the legal capacity or capability to enter into the contract that created the debt in the first place. 3) Unconscionability: This defense states that the contract or agreement that created the debt was so unfair or one-sided that it was unconscionable or unjust to enforce it. In all cases, the defendant must provide evidence that the affirmative defense is valid in order for it to be accepted in court. However, if the defendant can prove that an affirmative defense is valid, then they will not be held responsible for the debt in question and the debt collector will have to look for other means of repaying the debt.

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