Legal Question in Credit and Debt Law in California

Affirmative Defenses

What type of Affirmative Defenses are acceptable when answering a complaint by a creditor that is suing you for breach of a Promissory Note/Security Agreement?


Asked on 2/14/01, 5:52 pm

1 Answer from Attorneys

Matthew Becker The Law Office of Matthew A. Becker, PC

Re: Affirmative Defenses

The specific affirmative defenses you include in your Answer depends largely on the facts of your case. That said, many attorneys include just about every conceivable defense in the "affirmative defense" section of the Answer.

If you intend to answer the complaint on your own, I would suggest visiting your local law library. There are specific legal treatises which provide lists of affirmative defenses for each cause of action. Check "California Forms of Pleading and Practice" published by Matthew Bender. Please note, there are time deadlines when responding to complaints. Most likely yours is 30 days from the day you were served (if service was in person). Failure to respond will result in judgment automatically being entered against you.

If you have any questions, feel free to contact me directly. Email: [email protected].

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Answered on 3/30/01, 12:08 pm


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