Every common defense, explained before you choose

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.

Statute of limitations

*What it means:* the deadline for filing this lawsuit has already passed. *When it applies:* your last payment was more than three to six years ago, depending on the state. *What defeats it:* proof of a more recent payment or written acknowledgment.

The amount is wrong or unverified

*What it means:* the number in the complaint has never been itemized. *When it applies:* any case where post-charge-off interest and fees were added. *What defeats it:* a full statement history reconciling to the balance.

Not my account / identity theft

*What it means:* the account was never yours. *When it applies:* you have no memory of the creditor, or you filed an identity theft report. *What defeats it:* an application, signature, or usage records matching you.

Improper service

*What it means:* the papers were never properly delivered to you. *When it applies:* papers left at an old address, given to a stranger, or never received. *What defeats it:* a valid return of service that matches the rules of your state.

Arbitration clause

*What it means:* the original agreement requires disputes to go to arbitration instead of court. *When it applies:* many credit card agreements, if the plaintiff can produce the agreement. *What defeats it:* an opt-out you signed, waiver by litigating too long, or no agreement in evidence.

Paid, settled, or discharged in bankruptcy

*What it means:* the obligation is already resolved. *When it applies:* you settled, paid it off, or listed it in a bankruptcy. *What defeats it:* nothing, if you have the documentation. Find it.

Hearsay affidavit

*What it means:* the sworn statement describes records the signer did not create and cannot authenticate. *When it applies:* nearly every debt buyer case. *What defeats it:* testimony or a records certification from the original creditor.

Choose the defenses that fit your facts. Listing every defense in the book, including ones you cannot support, weakens the ones that are real.