What is a good Defense for consumer debt trial?

Answer 1

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.

Answer 2

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.