If the debt buyer bought the debt from a bank that has been found guilty by the CFPB of deceptive health care credit card enrollment (which is the credit card debt in question), can the "unclean hands" defense be used since the assignee steps into the shoes of the seller? If not, why?
The best legal defenses to raise here concern the application of applicable statutes of limitations to the suit filed by the debt buyer. A defense should also be raised that the debt buyer may not legally own the debt, and be the real party in interest, because the debt buyer cannot prove up a chain of title to show ownership of the debt. Many of the assignments they produce in court are generic, and do not refer to specific accounts or account numbers. The unclean hands defense you refer to would be less effective than the ones dealing with statutes of limitation, and proof of ownership of the debt.
You need to sit with an attorney to review your case but in CT these types of defenses are generally disregarded by the judges that handle debt collection cases. If your debt is under $5,000 it may even be in small claims where you'll be even more limited. Contact someone that knows the players and the game.
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