Legal Question in Credit and Debt Law in California
To respond to credit card debit summons, do i select affirmative defence, and if so which one?
2 Answers from Attorneys
First of all consult a consumer attorney in person and find out if you have a chance to win the case. If you don't have a defense to the case, why bother. If you do have a defense, such as the debt is too old or it isn't yours, it will be worth it to hire a lawyer, since the contract provides that the lawyer's fees will be paid if you win. Avoid filling out forms without getting competent legal advice because if you leave out a good affirmative defense, you won't be able to fix this.
I agree that you need to consult with a lawyer. There are many, many affirmative defenses depending on the circumstance. Some are laches, statute of limitations, misrepresentation, fraud, undue influence, etc. The question is which ones are applicable to your case and that is where the lawyer is needed to make sure the right ones are included and not waived by failing to put them in....