What affirmative defenses should I raise in response to a lawsuit?

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Published 2015-03-19
vondranlegal.com/affirmative-defenses-checklist/ [over 695 videos and growing]. Subscribe for new videos: bit.ly/38vXDzk​

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AFFIRMATIVE DEFENSES GENERALLY

Attorney Steve Vondran provides general legal information about affirmative defenses, what they are, how to raise them in answering a complaint brought by a Plaintiff and other helpful litigation information.

This is not an exclusive list of affirmative defenses, and to see more view the link about. Our firm handles contract, tort, property, copyright, trademark and other litigation cases. Affirmative defenses must be RAISED or they may be deemed WAIVED. This is general legal information only and not legal advice. Some of the defenses discussed on this litigation warrior video and blog are:

1. Laches
2. Statute of limitations
3. Statute of frauds
4. Waiver
5. Estoppel
6. Assumption of risk
7. Reservation of defenses
8. Mutual mistake
9. Truth as a defense to defamation
10. Fraudulent inducement
11. Usury
12. Bankruptcy discharge
13. No private right of action
14. Statutory compliance
15. Duress

Again, this is just a sample list. If you have more question, click on the link about and contact our law firm. We wish you the best of success in your case.
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All Comments (21)
  • @vancejochim1439
    Great overview of defenses. As a pro se defendant, I appreciate them.
  • @JUSTTHETRUTHTV
    Thank you for sharing! I don't think people have the money to pay people to do this now. This will go a long way in helping people are being attacked by the legal system.
  • @simplyawsome918
    Thank you sooooo..... much. Video and info was super helpful!
  • @yvisan68
    Thanks! Very Very helpful and informative
  • @siberegbp
    There is NOT a single law firm in Australia offering any similar YouTube legal info as opposed to you guys in North America. We desperately need someone with similar expertise to help us down here at the moment
  • Thanks for excellent and clear explanations. 1. Does simply not including detailed information in a complaint (such as no date with a debt collection claim) open up opportunities for more affirmative defenses? 2. FDCPA Violations. Which affirmative defenses are most appropriate to use if there were improper contacts (by mail or phone) prior to lawsuit filing? (And there is a filed case against legal firm filing complaint so there is no need for a counterclaim.)? 3. State vs. Federal entanglements. Wisconsin Statute section 425.109(1)(h) What types of arguments weigh heaviest when there are state regulations not in harmony with Federal mandates or codes? (Such as FDCPA.)
  • @attorneysteve
    Thank you for the nice comments about common defenses that are raised in a civil lawsuit. Makes sure to subscribe to our legal channel and click on the link above to take you to our blog page that lists all the affirmative defenses we are aware of. Great guide, and we will be updating this with more video!!
  • Attn. Steve is a refusal of accepting full payment twice diff. time, diff. people by a Credit Union be under Repuadiation Doctrine and therefore the party making the claim have thus abandoned right to debt? and what other defense would that also fall under? Thanks alot for your knowledge and time and Happy Thanksgiving to you and yours.
  • @PANTYEATR1
    thanks Steve, but how do you counter if the person you are suing uses an affirmative defense?
  • @Kaby629
    what are some affirmative defenses that go with verbal agreements? My state accepts them in consumer protection code.
  • @777dingo
    I'm being sued by a bank credit card and my last payment was in Dec. 2014 it is now January 2018 so would a Laches defense be a good one? (unreasonable time has passed), however it hasn't reached the 4 year statute of limitations yet.
  • @jerodnerad9407
    Can you recommend a book that would have this information in it? Can you recommend an internet based attorney to ask questions on civil law for consultation only?
  • what if a collection agency is attempting to collect on an old medical bill and you haven't been gainfully employed since the bill ensued? is that an affirmative defense?