Defenses · 9 min read
Every common defense, explained before you choose
Lack of standing, statute of limitations, wrong amount, improper service, arbitration, identity theft: what each one means and when it applies.
An affirmative defense is a reason you win even if part of what the plaintiff says is true. Most defenses are waived if they are not raised in your Answer, so this is the step to take slowly.
Lack of standing
*What it means:* the plaintiff has not shown it owns your account. *When it applies:* almost always worth raising against a debt buyer. *What defeats it:* a complete set of sale documents naming your account.
Broken chain of title
*What it means:* the account changed hands more than once and at least one transfer is undocumented. *When it applies:* older accounts and accounts that moved between buyers. *What defeats it:* every assignment produced, in order, with dates that line up.
The rest of this lesson is part of the kits
This is the step-by-step half — the part you read with the paperwork in front of you. The rest of this lesson covers:
- • What each part of the document is actually asking you
- • The choices people commonly face, explained in plain words
- • The mistakes that cost people the most, and how to avoid them
It unlocks with any kit — $47, including the document builder, the buyer-only course, and 14 days of email support.
Free to read right now
- I was just served with a debt lawsuit. What do I do first?
- What is a debt buyer, and why is a company I never borrowed from suing me?
- Read your complaint with me, line by line
- How to vacate a default judgment on a debt
Educational information and document preparation only. Make Them Prove It is not a law firm and does not give legal advice. Rules and deadlines differ by state and by court, so confirm them with your court clerk or a licensed attorney in your state.