The Affirmative Defenses That Beat Debt Buyers in California Courtrooms

Debt buyer cases fail on predictable weak points. Pleading the right defenses in your answer turns their thin file into your dismissal.

What the Law Says

The workhorse defenses: statute of limitations under CCP section 337, lack of standing where the chain of title is incomplete, failure to comply with the Fair Debt Buying Practices Act pleading requirements, payment or settlement of the account, and mistaken identity. Each targets an element the plaintiff must prove with documents it often does not have.

How to Handle It, Step by Step

1. Check the timeline first — a filing more than four years after last payment sets up the limitations defense.
2. Plead lack of standing whenever a debt buyer sues; make them produce the full assignment chain.
3. Cite the FDBPA where the complaint omits the required charge-off and chain allegations.
4. Assert payment or prior settlement if you have any records suggesting resolution.
5. Keep identity theft and mistaken identity available — buyers sue the wrong people constantly.

Common Questions

How do I know when the limitations clock started?

From your last payment on the account — pull your own bank records rather than trusting the date the buyer pleads, which is sometimes conveniently recent.

What happens if the buyer cannot produce the chain of title?

Cases get dismissed or settled for a fraction — buyers price their portfolios assuming most defendants never ask.