What Are the Best 10 Affirmative Defenses in a California Credit Card Lawsuit?

Question from Joe, What Are the Best 10 Affirmative Defenses in a California Credit Card Lawsuit?

Answer from AI:

If you are being sued by a credit card company in California, you may have several affirmative defenses available to you. Affirmative defenses are reasons why the plaintiff (the credit card company) should not win the case, even if their claims are true. Here are ten common affirmative defenses that might be applicable in such a lawsuit:

1. Statute of Limitations

The statute of limitations is the time period within which a lawsuit must be filed. In California, the statute of limitations for credit card debt is generally four years from the date of the last payment or the last charge on the account. If the lawsuit is filed after this period, you can use this as a defense.

2. Lack of Standing

The plaintiff must have the legal right to sue you. If the credit card company sold your debt to a third party, that party must prove they own the debt. If they cannot, you can argue they lack standing.

3. Payment

If you have already paid the debt in full or in part, you can use this as a defense. You will need to provide evidence of your payments, such as bank statements or receipts.

4. Fraud

If the credit card account was opened fraudulently or if the charges were made without your authorization, you can use fraud as a defense. This may require a police report or other documentation.

5. Identity Theft

If the debt is a result of identity theft, you can use this as a defense. You will need to provide evidence, such as a police report or an affidavit of identity theft.

6. Mistaken Identity

Sometimes, credit card companies sue the wrong person. If you can prove that you are not the person who owes the debt, you can use mistaken identity as a defense.

7. Accord and Satisfaction

If you reached an agreement with the credit card company to settle the debt for a lesser amount and you fulfilled your part of the agreement, you can use this as a defense. You will need to provide evidence of the agreement and your payment.

8. Bankruptcy Discharge

If the debt was discharged in bankruptcy, you can use this as a defense. You will need to provide your bankruptcy discharge order as evidence.

9. Unconscionability

If the terms of the credit card agreement are extremely unfair or one-sided, you can argue that the contract is unconscionable. This is a more complex defense and may require legal assistance.

10. Violation of the Fair Debt Collection Practices Act (FDCPA)

If the credit card company or its debt collectors violated the FDCPA, you can use this as a defense. Violations might include harassment, false statements, or unfair practices. You will need to provide evidence of these violations.

When to Seek Legal Advice

While these defenses can be powerful, they often require specific evidence and legal knowledge to be effective. It is highly recommended to consult with a legal professional to get personalized advice tailored to your situation. Legal professionals can help you understand the nuances of your case and provide guidance on the best course of action.

Additional Resources

For more information, you can refer to the following resources:

• California Courts Self-Help Center
• Consumer Financial Protection Bureau (CFPB)

Remember, this information is intended to provide a general understanding of the topic and should not be considered legal advice. Always consult with a qualified attorney for advice specific to your circumstances.