I am being sued for some unpaid medical bills. I would like to submit my Answer without stating any Affirmative Defense. I would like to first see any supporting documentation they have for the claims, before I chose the Affirmative Defense.
Can I do so? Is it a good or bad idea?
Bad idea. With many affirmative defenses, if you don't submit them with your Answer, you may be precluded from asserting them.
Hope this perspective helps!
Is the debt being pursued by the original creditor, a collector for the service provider, or a party who purchased the debt? If not the original creditor (ie, hospital, doctor), was information provided proving that they have ownership of the debt and the right to sue you? You will need to check with an attorney licensed in Washington, but it may be possible to file a motion to dismiss the lawsuit based on their inability to prove the have a proper interest in the case. Good luck to you.
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If this is small claims court, you won't get information on ownership ahead of time unless you dispute it. File your answer and raise your defenses. Do not risk waiving them and do not play ambush litigation. You will lose.
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