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Common Affirmative Credit Card Lawsuit Defense

Common Affirmative Credit Card Lawsuit Defense

Are you facing a possible credit card lawsuit? If the answer is yes, it is important to determine what useful credit card lawsuit defense you can use against your creditor’s complaints. This article list down some of the most common affirmative credit card lawsuit defenses you can use to prevent the plaintiff from winning the case. However, do note that this is merely a partial list as there could be endless affirmative lawsuit defense one can use, depending on his or her situation.

One: If there was no statute cited or if there is no stated facts sufficient to constitute a cause of action against a defendant in the complaint, you can use Failure to State a Claim Upon Which Relief May be Granted defense. Generally, listing down the facts of the claim is not enough evidence for the claim.

Two: If the plaintiff failed to mitigate their damages, if any at all, use the Failure to Mitigate Damages claim.

Three: If the credit card lawsuit was filed beyond the statutory limit, you can use the Statute of Limitations credit card lawsuit defense.

Four: If there was never an exchange of money or goods between the defendant and the plaintiff, the Failure of Considerations claim may be used as this will void all contracts in certain cases.

Five: Lack of Privity is a claim, which may be used when there was no relationship in existence between the defendant and the collection agency. Privity refers to a close, successive, or mutual relationship to the same right of property or the power to “enforce a warranty or promise”. You never signed any contract with the collection agency therefore, this credit card lawsuit defense will hold weight in court.

Six: If the plaintiff is presenting falsified proof or false witnesses in court, the Unclean Hands defense should be invoked.

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