Legal Question in Credit and Debt Law in California
Legal definition question
I am being sued by collection agency. I am working on my affirmative defenses. What does the defense of ''equitable doctrine of waiver''mean?
Thanks.
1 Answer from Attorneys
Re: Legal definition question
Whoa, podner! You aren't going to get anywhere with the court spouting legal gibberish like the "equitable doctrine of waiver," whatever that is.
Believe it or not, if you think you have a defense, you are better off getting an attorney. An attorney will see issues that you will miss -- for sure -- and any defenses that you missed and aren't included in your answer are WAIVED!
Also, your original contract with the credit card company or whomever provides that if you win the case, you are entitled to reasonable attorney fees. Lots of attorneys will gladly take collection agency cases for reasonable fees, which you would get back if you win.
So why wouldn't you?