@@attorneysteve FYI - you have a link to "LawsuitDefenses.com" in your video, and it leads to an advertising page. You need to update those links to the one you include in the description which does work.
Thank you for sharing! I don't think people have the money to pay people to do this now. This will go a long way in helping people are being attacked by the legal system.
@JUSTHETRUTHTV; You are right it is called the Bar. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. A club basically.
There is NOT a single law firm in Australia offering any similar UA-cam legal info as opposed to you guys in North America. We desperately need someone with similar expertise to help us down here at the moment
Thanks for excellent and clear explanations. 1. Does simply not including detailed information in a complaint (such as no date with a debt collection claim) open up opportunities for more affirmative defenses? 2. FDCPA Violations. Which affirmative defenses are most appropriate to use if there were improper contacts (by mail or phone) prior to lawsuit filing? (And there is a filed case against legal firm filing complaint so there is no need for a counterclaim.)? 3. State vs. Federal entanglements. Wisconsin Statute section 425.109(1)(h) What types of arguments weigh heaviest when there are state regulations not in harmony with Federal mandates or codes? (Such as FDCPA.)
Thank you for the nice comments about common defenses that are raised in a civil lawsuit. Makes sure to subscribe to our legal channel and click on the link above to take you to our blog page that lists all the affirmative defenses we are aware of. Great guide, and we will be updating this with more video!!
Attorney Steve, do you have a video on dismissing (or quashing) frivolous affirmative defenses? Defenses that the Defendant has no hope of proving? That are wasteful of the Plaintiff’s and the court’s time.
Steve Vondran Yeah. I reviewed that article. Very useful. Plaintiff only has 10 days to file it through. Gotta be on your game to try pull that Double-Immelmann.
My name is Added to do not issue warrant list for his baby mama for calling and filing fraudulent claims against me that was thrown out in court Granted Me a restraining order against her
tolling, latches- stats of fraud, - I had to look them up- after an answer- but the complaint was answered late- and they moved the court with a "sever" on a misnomer- anyway- not a an attorney- so i looked up all words- DOJ- responded to a late response- and just tried it..
what if a collection agency is attempting to collect on an old medical bill and you haven't been gainfully employed since the bill ensued? is that an affirmative defense?
How an attorney defend a person who did not remain silent during FBI interview, and also try to defend him through English which is his second language by which the case has turned against him with that. What kind of deffence an attorney should be doing?
Hi Steve! I noticed that you mentioned "Failure to state a claim upon which relief can be granted" as an Affirmative Denfense, but isn't it a Defense Asserted by Motion that must be raised before the responsive pleading? Or you can also assert this as an Affirmative Defense within the Responsive Pleading? I hope you can clear this up for me. Thank you for the video!
Motions are not used to 'defend" anything. Motions are only about asking the court to do something. The court won't defend anyone, obviously. The motion to dismiss for failure to state a claim can be filed, in my state, before or after the "answer to the complaint". We call it an answer not a pleading in my state because pleading is a very general term. Not all pleadings are answers to the complaint. It can also be used as an affirmative defense in the answer to the complaint. This is in my state. If you're going for it certainly try it before answering because if the motion is granted you have knocked out the whole complaint or part of it up front before answering, but regardless of that outcome you must also claim it as an affirmative defense in your answer. And maybe you can file a motion to dismiss on those grounds after the answer in your state. In my state there are at lease three types of motions to dismiss which can be filed throughout a case and this is one of them. I am not a lawyer. Hope that helps. .
Attn. Steve is a refusal of accepting full payment twice diff. time, diff. people by a Credit Union be under Repuadiation Doctrine and therefore the party making the claim have thus abandoned right to debt? and what other defense would that also fall under? Thanks alot for your knowledge and time and Happy Thanksgiving to you and yours.
I got served through my mailbox is that proper of being served. and I being sue by a credit card company and I was wondering how u find out if original creditor or the debt?
Hi Goldstenin, we cannot give legal advice online per our rules. Check with the rules in your state to get a better response!! Best of luck!! - Attorney Steve -
The Plaintiff should be listed on your papers that they served you, and in Texas it's fine to serve by certified mail as long as you signed for it, if you don't sign for it and it gets returned, then they will ask the judge to let them send you the notice in first class mail and also attach a copy to your door.
Can you recommend a book that would have this information in it? Can you recommend an internet based attorney to ask questions on civil law for consultation only?
I'm being sued by a bank credit card and my last payment was in Dec. 2014 it is now January 2018 so would a Laches defense be a good one? (unreasonable time has passed), however it hasn't reached the 4 year statute of limitations yet.
I wish I can learn more. Can of slow.my cousin took my deseced parents property away. Don't know how to go by lawyer cost slot of $! I got two fraud and forgerty on my parent property.
Steve Vondran The acoustics are terrible. In an empty room, the sound reverberates and it sounds as if you are talking with a bucket over your head. Not very professional. Hire someone who understand acoustics and recording, as you are not good at it.
Excellent presentation on Affirmative defenses, Thank you!
Appreciate it, glad you liked!! Steve
Great overview of defenses. As a pro se defendant, I appreciate them.
Glad you liked them Vance
@@attorneysteve FYI - you have a link to "LawsuitDefenses.com" in your video, and it leads to an advertising page. You need to update those links to the one you include in the description which does work.
Thank you for sharing!
I don't think people have the money to pay people to do this now.
This will go a long way in helping people are being attacked by the legal system.
@JUSTHETRUTHTV; You are right it is called the Bar. The term is a metonym for the line that separates the parts of a courtroom reserved for spectators and those reserved for participants in a trial such as lawyers. A club basically.
There is NOT a single law firm in Australia offering any similar UA-cam legal info as opposed to you guys in North America. We desperately need someone with similar expertise to help us down here at the moment
Wow, wish I had a license there I would pitch in with some videos!! Steve
Thank you for being here!!! Love love love ya!
Thanks for excellent and clear explanations.
1. Does simply not including detailed information in a complaint (such as no date with a debt collection claim) open up opportunities for more affirmative defenses?
2. FDCPA Violations. Which affirmative defenses are most appropriate to use if there were improper contacts (by mail or phone) prior to lawsuit filing? (And there is a filed case against legal firm filing complaint so there is no need for a counterclaim.)?
3. State vs. Federal entanglements. Wisconsin Statute section 425.109(1)(h) What types of arguments weigh heaviest when there are state regulations not in harmony with Federal mandates or codes? (Such as FDCPA.)
Thank you for the nice comments about common defenses that are raised in a civil lawsuit. Makes sure to subscribe to our legal channel and click on the link above to take you to our blog page that lists all the affirmative defenses we are aware of. Great guide, and we will be updating this with more video!!
Thank you Steve. Your videos are a God send.
You are very welcome - knowledge sharing is caring!!! Steve
Attorney Steve, do you have a video on dismissing (or quashing) frivolous affirmative defenses? Defenses that the Defendant has no hope of proving? That are wasteful of the Plaintiff’s and the court’s time.
There is some information that may be helpful here. www.plaintiffmagazine.com/recent-issues/item/two-can-play-at-that-game
Steve Vondran Thanks, Attorney Steve. Monitoring your UA-cam channel on a Sunday. You’re a machine! 😎👍🏻
Steve Vondran PS: Who knew there was a magazine JUST for PLAINTIFFS!? haha
Steve Vondran Yeah. I reviewed that article. Very useful. Plaintiff only has 10 days to file it through. Gotta be on your game to try pull that Double-Immelmann.
My name is Added to do not issue warrant list for his baby mama for calling and filing fraudulent claims against me that was thrown out in court Granted Me a restraining order against her
thanks Steve, but how do you counter if the person you are suing uses an affirmative defense?
Thank you! Steve.
What about the affirmative reliefs? People have a right to reverse the judgment and collect sanctions and punitive damages !
tolling, latches- stats of fraud, - I had to look them up- after an answer- but the complaint was answered late- and they moved the court with a "sever" on a misnomer- anyway- not a an attorney- so i looked up all words- DOJ- responded to a late response- and just tried it..
Thank you sooooo..... much. Video and info was super helpful!
Very welcome, glad you liked!! Attorney Steve
Thanks! Very Very helpful and informative
what if a collection agency is attempting to collect on an old medical bill and you haven't been gainfully employed since the bill ensued? is that an affirmative defense?
God bless you sir.
How an attorney defend a person who did not remain silent during FBI interview, and also try to defend him through English which is his second language by which the case has turned against him with that. What kind of deffence an attorney should be doing?
Awsome one , thanks Steve
What does LMCV stand for in civil cases
Let Me Call Vondran? LOL
Do you have a video on putting a lien on Government Property?
Does/can fraud (in the inducement) trump a Statute Of Limitations defense?
Hi Steve! I noticed that you mentioned "Failure to state a claim upon which relief can be granted" as an Affirmative Denfense, but isn't it a Defense Asserted by Motion that must be raised before the responsive pleading? Or you can also assert this as an Affirmative Defense within the Responsive Pleading? I hope you can clear this up for me. Thank you for the video!
Motions are not used to 'defend" anything. Motions are only about asking the court to do something. The court won't defend anyone, obviously. The motion to dismiss for failure to state a claim can be filed, in my state, before or after the "answer to the complaint". We call it an answer not a pleading in my state because pleading is a very general term. Not all pleadings are answers to the complaint. It can also be used as an affirmative defense in the answer to the complaint. This is in my state. If you're going for it certainly try it before answering because if the motion is granted you have knocked out the whole complaint or part of it up front before answering, but regardless of that outcome you must also claim it as an affirmative defense in your answer. And maybe you can file a motion to dismiss on those grounds after the answer in your state. In my state there are at lease three types of motions to dismiss which can be filed throughout a case and this is one of them. I am not a lawyer. Hope that helps. .
what are some affirmative defenses that go with verbal agreements? My state accepts them in consumer protection code.
Attn. Steve is a refusal of accepting full payment twice diff. time, diff. people by a Credit Union be under Repuadiation Doctrine and therefore the party making the claim have thus abandoned right to debt? and what other defense would that also fall under? Thanks alot for your knowledge and time and Happy Thanksgiving to you and yours.
I got served through my mailbox is that proper of being served. and I being sue by a credit card company and I was wondering how u find out if original creditor or the debt?
Hi Goldstenin, we cannot give legal advice online per our rules. Check with the rules in your state to get a better response!! Best of luck!! - Attorney Steve -
The Plaintiff should be listed on your papers that they served you, and in Texas it's fine to serve by certified mail as long as you signed for it, if you don't sign for it and it gets returned, then they will ask the judge to let them send you the notice in first class mail and also attach a copy to your door.
Can you recommend a book that would have this information in it? Can you recommend an internet based attorney to ask questions on civil law for consultation only?
I'm being sued by a bank credit card and my last payment was in Dec. 2014 it is now January 2018 so would a Laches defense be a good one? (unreasonable time has passed), however it hasn't reached the 4 year statute of limitations yet.
great video!!! this was helpful!
Is fraud tort, criminal or civil. If fraud can be proven is res j udicata applicable?
I tried to get your list but I guess I'm a day late and a dollar short. Lol
Do you submit both a general denial and the answer on pleading paper? or just one
Enjoy your vids... You look funny here...Star Trek outfit?
lol. Some funky shirt I found somewhere!! : )
EXCELLENT, THANK YOU!
Thank you!
Unclean Hands.
Is the list of defenses available somewhere? Love your videos.
Thank you :)
You are welcome, glad you liked my affirmative defenses video!
I wish I can learn more. Can of slow.my cousin took my deseced parents property away. Don't know how to go by lawyer cost slot of $! I got two fraud and forgerty on my parent property.
I seen make some comments around a child support video and I'm support a have a few important questions
Laches is a good one
excellent
Wow serious echoes 😮
sound is bad?
@@attorneysteve Yes the echoes are terrible I couldn't listen sorry. It was 8 years so no big deal.
I am a work in progress. I have some new concepts coming down the pike. Stay tuned!!
*
Steve Vondran
The acoustics are terrible.
In an empty room, the sound reverberates and it sounds as if you are talking with a bucket over your head.
Not very professional.
Hire someone who understand acoustics and recording, as you are not good at it.
Go away 😒