Definition: Affirmative Defenses




“Affirmative Defense” is a term comes up in many different types of litigation cases such as debt collection, false credit reporting, personal injury, etc.

An affirmative defense is where the defendant, the person being sued, can admit they did something; however, they win because of a defense they have.

That reason could be Statute of Limitations, which is where they say, “You waited too long to sue me.”

Or it could be “failure to mitigate damages” which is where the defendant says, “You did not try to minimize your damages (stop the bleeding) so I’m not responsible.”

Or any number of reasons.

They just have to list their defenses, or reasons.

Hope this is helpful to you.

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