If you do not actually owe another party any money, your accuser would have to show the way in which you accrued the debt. Using an affirmative defense, the opposing side would need to prove that you do, in fact, owe them money. This is an effective legal tool for a business who feels victimized by the prosecuting good or service provider because they do not actually owe any money. However, all affirmative defense cases are different. If you are a business who is facing litigation or any other legal action because of debt you do not owe, please contact Pak & Moring for a consultation with an experienced attorney who can help you decide on the right course of action in your situation.
(Please note: while informative, these posts are not intended to be formal legal advice and are not completely authoritative and should not be solely relied on as a primary basis for legal action.)
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