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First, you may raise any affirmative defenses that you may have available to you. Examples include Statute of Limitations, Doctrine of Laches, Lack of Standing, Plaintiff not licensed by Department of Consumer Affairs as a debt collector, Lack of Personal Jurisdiction. There may be other affirmative defenses, these are just a few and not all of them may be relevant to your specific situation.
If you fail to raise an affirmative defense, then you may lose the defense by waiver. So, it is vital to raise all affirmative defenses in your answer to a complaint.
You should also determine whether the debt collector violated any provisions under the Federal Fair Debt Collection Practices Act, or State Debt Collection Practices Act. It is also possible to raise counterclaims under tort law such as defamation, invasion of privacy. A good resource on debtor rights are publications from the National Consumer Law Center.
Wiki User
∙ 15y ago
A good defense for a consumer debt trial could include challenging the validity of the debt by requesting proof of the loan agreement and payment history, asserting that the statute of limitations has expired, or arguing that the debt was already paid. It is also important to check if the debt collector has followed proper procedures and has standing to sue. Additionally, engaging an attorney who specializes in debt collection litigation can provide valuable guidance and representation.
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What is the sentence for defense?
The sentence for defense varies depending on the circumstances of the case and the legal jurisdiction. It can range from fines to imprisonment or other penalties, as determined by the court.
How long does a debetor have to collect before the debt becomes nul and void?
The time frame for debt collection, known as the statute of limitations, varies by jurisdiction and type of debt. Generally, it ranges from 3 to 10 years, but this can differ based on the laws of the specific location where the debt was incurred. After the statute of limitations expires, the debtor can no longer be sued for the debt, making it essentially null and void.
What is a good sentence for the word perjury?
She committed perjury by lying under oath during the trial.
Why are so many cases decided without a trial?
Many cases are decided without a trial through alternative dispute resolution methods like mediation or arbitration. These options can be faster, cost-effective, and provide parties more control over the outcome. Additionally, some cases may be resolved through settlement negotiations before trial.
What if you are accused of sexual misconduct with a minor?
If you are accused of sexual misconduct with a minor, it is crucial to seek legal advice immediately. Contact a lawyer specializing in criminal defense to guide you through the legal process. Refrain from discussing the case with anyone other than your legal representative to protect your rights and ensure a fair trial.
Why is a good alibi important for the defense in a trial?
A good alibi is important so that the defense cannot be accused of something they didn't do. A good alibi proves that it couldn't have been him who had done the crime.
Where might one find information on non profit credit debt solutions?
There are a number of non-profit companies that offer consumer solutions for credit card debt. Some good choices are Family Credit, Repay Debt, and Money Management.
Where can someone find information about a debt recovery agency?
The government website for the Financial Consumer Agency of Canada has a lot of information posted about debt recovery agencies. If you are looking for information about a specific debt recovery agency then their official website is a good place to start.
Where can one find free consumer reports online?
The website "Consumer Reports" has a free thirty day trial of its services. However, payment card details are taken and you would need to remember to cancel before the end of your trial period to ensure no money is taken. If you are interested in consumer product reviews then Amazon is a very good source as they have many product reviews available to view.
What is the Difference Between a consumer credit card and a secured credit card?
A consumer credit card is issued to you on good faith that you will build debt and pay it off. A secured credit card is issued to you for the amount that you deposit into a secured savings account. The debt you charge to your card cannot exceed the amount that you have in your account. Once you show good faith that you are responsible enough to maintain your credit to debt ratio and pay your bills on time, the company may offer you a consumer card in place of the secured card. A secured credit card is a great way to establish credit.
Who do I contact for Credit Card Consolidation?
If you have good credit, contact your bank and see about a debt consolidation loan. If not, seek out Consumer Credit Counselling Service (CCCS).
What is a consumer finance company good for?
The utmost and sole purpose of a financial company is a lender that ensures customers has the assistance they need to prevent them from getting into further debt.
What is a consumer good?
consumer good is when you buy or purchase a good. consumer good is when you buy or purchase a good.
How can a consumer track the chain of title of a defaulted credit card ie who owns the credit card debt after default?
Currently, there is no really good way for a consumer to do this. Regulatory requirements for buying and selling of defaulted debt is virtually non-existent. However the American Collectors Association has recently updated their best practices to include establishing a chain of title. A new business, www.globaldebtregistry.com is seeking to remedy this problem by tracking true ownership of debt as it bought and sold in the open market. Additionally, GDR offers to track settlements by the consumer who has paid the debt to the rightful owner. This will provide the consumer with means to prove settlement and avoid future collection efforts on the same account by a another agency who erroneously believes they also have the ability to collect on the debt.
Where can one find articles on consumer debt help?
Best place to start is Consumer Credit Counseling Agency. They help you by providing money advice, help you preparing budget and offer free educational resources. Good counselors are certified.
I was accused of stealing a car in Miami, Florida. I now need a good criminal defense lawyer. How can I find a good lawyer so I don't go to jail?
Did you actually steal the car? You can be honest here, this can't be used as evidence at your trial. LOL. Use lawyerlistings.com to find a good criminal defense lawyer in your area. Findlaw.com worked for me when I was wrongly accused of burglary. I got a great defense lawyer.
Is defense mechanism good or bad?
Defense is usually good.
