Affirmative Defenses

If a business is demanding debt repayment from a client, a common reaction of the debtor within the legal process is that of an affirmative defense, such as payment, or an argument that the work was sub-standard. This means that the defendant admits to the nonpayment of debt and provides a justification for that action. This is legally defined as admitting fault and“[a] defendant’s assertion raising new facts and arguments that, if true, will defeat the plaintiff’s or prosecution’s claim, even if all allegations in the complaint are true.” (Black’s Law Dictionary (7th ed. 1999); ) (Arizona Rules of Court 8(c)). It is possible that a business pursuing legal action against a customer might be faced with an affirmative defense on the debtor’s behalf. In this situation, however, the burden of proof resets on the party asserting the affirmative deference. Therefore, with experienced legal counsel, a company could navigate the waters of debt collection. If you are a business in need of legal help with debt collection, contact Pak & Moring to discuss your situation and see if we can help you through this process.

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