What is an affirmative defense n. when a defendant files an answer, in addition to denying some or all of the allegations, he/she can state what are called “affirmative defenses.” These defenses can contain allegations, take the initiative against statements of facts contrary to those stated in the original complaint against them, and include various defenses based on legal principles. Many of these defenses fall into the “boilerplate” (stated in routine, non-specific language) category, but one or more of the defenses may help the defendant.
Samples of Affirmative Defenses used in a Credit Card Lawsuit:
1. Plantiff’s Complaint is time-barred by the applicable Statute of Limitations on credit card debt in the state of State.
2. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with Plantiff.
3. Plaintiff’s Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the Complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person.
4. Plaintiff is not the real party in interest and has failed to name all necessary parties.
You must make sure that you use every single affirmative defense that pertains to your case or you could lose that defense.
If you didn’t list all of your affirmative defenses check your local court rules to see if you can file to Amend your Answer.