What is an affirmative defense in a debt collection case?

An affirmative defense in a debt collection case is a defense used by a debtor, or person owing a debt, to prevent the collection of the debt by a creditor. In South Carolina, the affirmative defense must be raised in the debtor’s initial filing and cannot be raised for the first time at trial. An affirmative defense is an argument the debtor raises to dispute the debt or the amount. Common affirmative defenses in South Carolina are that the debt is expired, that the debt has already been paid, that the debt is unenforceable because of a statute of limitations, or that the creditor does not have the right to collect the debt. For example, a debt collection case has been filed in South Carolina for a debt that is more than six years old. The debtor may use the statute of limitations as an affirmative defense. South Carolina law states that the debt must be enforced within six years of its creation, so the debtor can assert that the debt is expired under the statute of limitations and, therefore, cannot be enforced. In addition, the debtor may raise a legal defense if the debt arose out of illegal activity, such as fraud. In that case, the debtor can assert that the debt is unenforceable because it was obtained as a result of illegal activity. It is important to understand that an affirmative defense must be timely raised in South Carolina. If a debtor fails to raise his or her defense in a timely manner, the creditor is likely to prevail in the debt collection case.

Related FAQs

What are the steps involved in debt collection?
What is an oral contract?
What is a lien?
What is a judgment?
What is a discharge of debts?
How can creditors legally collect debt?
What is an unsecured creditor?
What is a loan shark?
What is the statute of limitations for judgments?
What is a debt collection agency?

What is an affirmative defense in a debt collection case?

Related FAQs

Related Blog Posts