What are the defenses available to debtors in a lawsuit?

In Florida, debtors have a few defenses they can use if sued by a creditor. These defenses can be raised either in response to the debt before the lawsuit is filed or during the lawsuit. One defense available to debtors is that the debt is not legally enforceable or that the debt was discharged in bankruptcy. If the creditor does not have legal authority to collect the debt, the debt is unenforceable. On the other hand, if the debtor filed for bankruptcy, the debt may be discharged which means the creditor cannot sue for the debt. Another defense is that the statute of limitations has expired. The statute of limitations is the time period in which a creditor has to sue a debtor. In Florida, the statute of limitations is generally five years depending on the type of debt. If the creditor does not file the lawsuit within five years, the debtor can use the statute of limitations defense. Debtors can also raise the defense of payment. This means that the amount of debt has already been paid or the debtor has already provided something of value in exchange for the debt. This defense is only available if the debtor can present proof that a payment was made or something of value was exchanged. Lastly, debtors can argue that the creditor has committed an act of fraud. This means that the creditor lied or misrepresented the debt in order to collect it. If the debtor can prove that the creditor committed fraud, the creditor’s claim can be denied. These are just a few of the defenses that debtors can use in Florida if they are sued by a creditor. It is important to understand what defenses are available so that debtors can use them successfully.

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