What is an affirmative defense in a debt collection case?

An affirmative defense in a debt collection case in Tennessee is a legal defense that a debtor may raise to avoid repaying a debt. It is an answer to the creditor’s claim that is grounded in fact. In other words, the defendant admits to owing the debt but provides justifications for why the debt need not be repaid. An affirmative defense may also be used if the debtor believes that the debt was not properly obtained—perhaps due to fraud, misrepresentation, or breach of contract. In Tennessee, some common affirmative defenses are "payment," "accord and satisfaction," "discharge in bankruptcy," and "statute of limitations." If the debtor can prove that they already paid the debt, then a “payment” defense can be argued. For the “accord and satisfaction” defense, the debtor must prove that they and the creditor agreed to a different amount from the amount owed as payment in full. The “discharge in bankruptcy” defense is valid when the debtor has already been declared bankrupt. The “statute of limitations” defense can be argued if the debt collector is attempting to collect a debt that is too old. In Tennessee, affirmative defenses must be plead and proven by the defendant. It is important to note that affirmative defenses must be raised in court within a certain timeframe or else they cannot be used. The defendant must also provide clear and convincing evidence in order to establish their affirmative defense. If they do not prove their defense, they may be required to pay the debt that is owed.

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