What is an affirmative defense in a debt collection case?

An affirmative defense in a debt collection case is a claim that the debtor can make to prevent the creditor from legally recovering the debt owed. In Louisiana, the affirmative defense must be proven by the debtor to be true in order for it to be accepted as a valid defense. Common affirmative defenses in Louisiana debt collection cases include payment, release, accord and satisfaction, offset, discharge in bankruptcy, statute of limitations, and unclean hands. Payment means that the debtor has already paid the debt in full. Release means that the debt was forgiven, and that the creditor has agreed not to try to collect it. Accord and satisfaction is when the parties involved have agreed to a new payment or set of terms. Offset is when the creditor claims the debt of the debtor is equal to the amount owed to the creditor by the debtor. Discharge in bankruptcy means that the debt was canceled through the bankruptcy court. The statue of limitations is a law that specifies the amount of time the creditor has to take legal action in order to collect the debt. Unclean hands is a doctrine in which the debtor claims that the creditor did something illegal or wrong in trying to collect the debt. If the debtor can prove any of these affirmative defenses, then the court may decide that the creditor cannot legally recover the debt.

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