Legal Question in Credit and Debt Law in California

Dumb Question--AFFIRMATIVE DEFENSES, didn't use.
I am being sued by a junk debt buyer and I am representing myself Pro Se in Cali. I already answered the complaint--it's been six months into the lawsuit, we have not gone to trial yet nor had a Case Management Conference/Review. I made a BIG mistake on the answer form by not providing my Affirmative Defenses, I know how important they are. I didn't even know what they were at that time, but I've been doing a lot of research since then and am more knowledgeable about my case.
So my question is, can I add Affirmative Defenses to my answer? Or redo/amend my answer? If so, how would I go about doing that?

Asked on 2/28/11, 5:54 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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First of all, why didn't you retain an attorney? The terms of your contract with the original creditor say that your attorney fees will be paid by the JDB if you win. (You didn't say why it is you think you should win.) You could possibly file and serve a motion to amend your answer to state any affirmative defenses you may have, but unless you know what you're doing, and you admit that you don't, you won't get anywhere.

Answered on 2/28/11, 6:02 pm

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Joe Marman Law Office of Joseph Marman

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I do not think it is much of a problem. I think that in most instances, any judge would allow you to raise any available defense when you get to trial.

Answered on 2/28/11, 7:09 pm

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I would not wait to trial to seek amending your answer. I would file a motion to amend your answer and include the proposed new Answer with your moving papers. The proposed new Answer obviously must have ALL affirmative defenses that you want to assert.

Answered on 3/01/11, 5:29 am

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