Affirmative Defenses - Defenses To Use in Debt Lawsuits
Affirmative Defenses - Defenses To Use in Debt Lawsuits
Affirmative Defenses - Defenses To Use in Debt Lawsuits
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Please Note: I AM NOT A LAWYER. If you are facing court, it's ALWAYS a good idea to hire an attorney or get some legal assistance. Depending on your area and circumstances, in some cases, you can get free help. If you cannot afford it, though, take heart. Lot of people have handled their cases pro per (in other words, without a lawyer.)
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Still confused in Michigan
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USE AT YOUR PERIL! You need to look up the rules of civil procedure in your state to see if it is proper to use any of these defenses and customize them to be specific to your state's laws. Many of these defenses will not be relevant to your case and some courts may not allow them. Using the entire list is total overkill, and could make you look like you don't know what you are doing. This could really hurt your case. Please tailor your defenses -DON'T JUST CUT AND PASTE. If you do not understand fully what a defense means, don't use it. You may be asked in court why you chose a particular defense, so be prepared.
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Failure to State a Claim Upon Which Relief May be Granted: Either no statute was cited or the complaint fails to state facts sufficient to constitute a cause of action as against this defendant. In general, listing the facts of the case is enough for basis of claim. Use this if the Plaintiff merely says you owe the money and not much else.
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Plaintiff's complaint alleges damages are the result of acts or omissions committed by the Plaintiff. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment, as the Plaintiff would receive more money than plaintiff is entitled to receive. Plaintiff's complaint alleges damages are limited to real or actual damages only. Defendant invokes the Doctrines of Scienti et volenti non fit injuria (a person who knowledgeably consents to legal wrong has no legal right) and Damnum absque injuria (harm without injury). Have you sued these folks before and won? If so, include this defense. Since under collateral estoppel, once a court has decided an issue of fact or law necessary to its judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case, plaintiffs claims are barred. Since a court will not grant a judgment or other legal relief to a party who has not acted fairly by having made false representations or concealing material facts from the other party, we maintain that equitable estoppel bars plaintiff's claim . Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.
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