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If the creditor has a good reason for the delay this defense will not win. The amount of delay depends on the facts of each case. This case surprised you and the delay is very bad and makes it hard for you to defend the case.
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This defense is used when the creditor waited too long on purpose to bring you to court or to sell your debt to the plaintiff. Plaintiff waited too long to bring this case (laches) This defense is used when you think that you have tried to take care of this debt in a fair way, but the other side has not been fair or was not honest with you. Plaintiff is violating the duty of good faith and fair dealing (But remember interest can make the money you owe higher than the original money that you borrowed). This defense is used when the money in the complaint is much higher than what you think you owe. All the amounts listed must be right, including interest, collection costs and attorneys fees. This defense is used when the plaintiff sues you for the wrong amount of money in the complaint.
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You Dispute the amount of the debt - Plaintiff is suing for the wrong amount of money Use this defense when you do not owe the money that the plaintiff is asking for. You should tell the Court about all of your defenses. You can also tell the Court about a defense that is not listed below. Some of the defenses may apply to you and most may not. Read the explanations carefully to see if any of them apply to you. If you prove your defenses then the plaintiff will lose and you will win the case.īelow are examples of defenses to a debt collection case. You must then prove your defenses in Court. You tell the Court your defenses when you answer the summons and complaint or when you ask the Court to vacate default judgment. Common Defenses in a Debt Collection CaseĪ defense is a reason why the plaintiff should not win the case.