n a lawsuit, the defendant usually fights against the plaintiff to prove that the plaintiff shouldn’t win the case. When responding to the summons and complaint or trying to overturn a default judgment, you must share your arguments, and then you must establish these defenses in court. When you prevail on defenses, the plaintiff loses, and you win. Here are some instances of debt collection defenses, as per a collection lawyer in New York. While they may not all apply, you may provide additional arguments not included here. It is critical to inform the court of all relevant defenses.
Never received the summons and complaint:
You can argue that you never received the summons and complaint or that the service method was inappropriate in order to defend against improper service. Personal or substitute service is required under New York law. Incorrect service can include leaving the summons with the wrong person, mailing it to an old address, or using only mail.
If you want to dismiss a matter due to improper service, you must raise it in your first court appearance, obtain the process server’s affidavit, submit a request to dismiss within 60 days of your answer, attend a traverse hearing, and give evidence to back up your allegation.
If the case is successful, it can be dismissed. Nevertheless, consider the implications for other defenses and the likelihood of another lawsuit.
Identity theft:
If you believe the debt is not yours, you can use these defenses. Identity theft occurs when your information is used to open fraudulent accounts, whereas mistaken identity occurs when you confuse yourself with someone else. You must disprove the debt rather than the plaintiff proving each allegation. If you are a victim of these problems, do not agree to a settlement. The plaintiff bears the burden of proof, not you.
Final thoughts:
A statute of limitations is the time restriction for creditors to sue you for a debt. In New York, depending on the type of debt, this time runs from three to six years. Moreover, if you have previously declared bankruptcy and the sued debt has been discharged, it is no longer owed to you. Bankruptcy provides an effective shield against debt-collection lawsuits.
Lastly, debt collectors in New York City must be licensed by the Department of Consumer Affairs. On their website, you may instantly check the license. If the debt buyer plaintiff is not licensed, the action should be dismissed.
