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Texas Debt Settlement Law News

January 21, 2011

Answer Credit Card Lawsuit With Affirmative Defenses

Envision a basketball team that only has abilities to play with defensive skills, lacking the capability to grasp the ball from the opposing teams players and shoot to score points at their own basket! What likelihood would they have of winning? If you're the defendant preparing a defense in a lawsuit, you need to defend in a positive way or affirmatively! Steal or take the basketball from the opposing side and run toward your own goal.

When a plaintiff sues a defendant, the plaintiff prepares to compose his record by filing a paper called a Complaint where he will state the elements for his lawsuit by affirmatively alleging decisive facts he claims to be able to prove (facts that he will have to prove to win his case). The plaintiff's Complaint is an affirmative action in other words it will have to have teeth! If the defendant cannot in fact move the court to have the case stricken or dismissed, he will have to file an Answer to the plaintiff's Complaint or risk losing. Also, an answer all by itself (i.e., without affirmative defenses) has no real teeth.

An answer, by itself, simply "answers" the complaint a paragraph at a time. An answer, by itself, also denies, admits, or expresses that defendant has inadequate information of knowledge to reply to what the complaint alleges. An answer, by itself, provides no means for a defendant to affirmatively pray for relief in his case.

An answer itself, is not agressive. An answer, by itself, provides the defendant with no means to affirmatively position the defendant's point in reply to the complaint. Therefore, the defendant who only "answers" the plaintiff's complaint, without also pleading his affirmative defense along with his answer, binds himself with a legal saddle that can destroy his case before he's had a chance to begin the fight.

It's like playing basketball entirely from a defensive stance. Affirmative defenses should always be filed with defendants answer. Affirmative defenses give defendants a positive point from which to argue why the defendant is not liable for damages sought by the plaintiff and what flaws the defendant intends to prove in the plaintiff's case to the court.

Without affirmative defenses, the defendant is constantly on the defense. Not an excellent way to be successful at wining the game! This text is a beginner look and should give you a starting point on how and why defendants should file affirmative defenses each time they are required to file an answer. Affirmative defenses should always be filed with the answer, because without them the defendant cannot state his own case. By itself the answer, will not do anything but respond to each of the allegations made by the plaintiff in the complaint. By also filing affirmative defenses along with his answer, the defendant can aver in a positive way the grounds (if he has any) for his legal arguments and why the court must deny the plaintiff's claims. If the defendant establishes the required facts for any one affirmative defense he will argue the truth and by greater weight of admissible evidence he will win his case.

Without affirmative defenses the defendant can merely win by proving the grounds based on fact that the things alleged in the plaintiff's complaint are false. At all times it will be harder to prove a negative. In Plan B Consultants Memeber Section we will point out the most successful affirmative defenses that have been used for a credit card lawsuit and show you how and when to use them to have your defense affirmatively recorded with the courts; this allows you to aggressively defeat the claims of the bank suing you.

Whether you think you have a defense or not we will point out the facts of you can use for your defense in your case. All credit card cases are different to some degree. But the facts are frequently exactly the same. The Plan B Consultants Freedom From Creditors Member Section will explain what type of affirmative defense you have and will give examples of the fact where affirmative defenses can answer your credit card lawsuit. When you are sued, be absolutely sure to file all affirmative defenses available to you that you have. This is how defendants win.

articlestorehouse.com

The above statements do not represent those of Weston Legal or Michael Weston and they have not been reviewed for accuracy. The statements have been published by a third party and are being linked to by our website only because they contain information relating to debt. Nothing in this article should be construed as legal advice given by Weston Legal or Michael Weston. To view the source of the article, please following the link to the website that published the article. Articles written by Michael W. Weston can be viewed here: To report any problem with this article please email info@westonlegal.com

 

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