The Basic Form of Civil Pleadings and Motions
March 22, 2025
by: Thomas Fox J.D.
This guide will help you focus on what matters in court and how to present your defense.
Preface
A common way to end up in court as an involuntary defendant in a debt collection lawsuit is to stop paying your credit card bills. However, the fact that you may rightfully owe the money is not a good reason to ignore the court summons when it is delivered. Debt collectors often exaggerate their claims, and credit card banks frequently make mistakes. We must do what we can to keep them honest. Never give up. Never surrender.
If you’re reading this, you may have just been served with a lawsuit from a credit card company or debt collector. It’s stressful. It’s confusing. It’s scary. But here’s the truth: You have more power than you think. Debt collectors make mistakes. Sometimes, they sue the wrong person or lack proper documentation.
If you’ve been served with a lawsuit from a credit card company or debt collector, you may feel:
Confused – The legal process is unfamiliar.
Scared – Court paperwork is intimidating.
Hopeless – You might assume there's no way to fight back.
But here’s the truth:
Debt collectors make mistakes – Sometimes, they sue the wrong person or lack proper documentation.
Courts don’t assume debt collectors are right – They must produce convincing evidence to support their case.
You don’t have to ‘win’ outright – Many cases are dismissed or settled when defendants fight back.
Ignoring the lawsuit is the only guaranteed way to lose. This guide will walk you through how to protect yourself—even if you owe the debt. You don’t have the expense of a lawyer but the debt collector does, and lawyers are not cheap! This puts a lot of pressure on the debt collector.
Debt collectors and their lawyers cannot use unfair, abusive, or deceptive practices when collecting debts.
If you are sued for a credit card debt, responding is the most important thing. That might mean writing a timely response and showing up to court on the date stated in the court papers.
When you are sued, navigating the legal system on your own can feel like being kidnapped and released in a foreign country. The native inhabitants call themselves lawyers. They speak English, but their vocabulary includes random bits of Latin jargon. Their thinking is bizarre and somewhat inhuman, and they have strange rituals. Even the most straightforward legal tasks appear complex and mysterious to you as an outsider. Much of it does not make sense. Lawyers are members of a small and exclusive club, and they will look at you as an unwelcome intruder. As George Carlin said, “It’s a small club, and you aren’t in it!”
Although courts have strict rules and mysterious ways, don't worry—this guide will help you follow the proper procedure step by step as a lawyer would. Doing things like the lawyers do is key to beginners' success. Looking at samples of actual court documents in your state also helps. The legal system is not only complex, it is also different from state to state. The purpose of this guide is to make that process easier. The better you understand the legal process, the less frightening it becomes.
This booklet is not intended to be a comprehensive treatise on civil litigation. It is a tool for non-lawyers who need clear, concise guidance to complete basic court documents in a short amount of time. Some states (Louisiana) require a defendant to answer within ten days. It must be done correctly and effectively. This guide aims to help self-represented litigants boost their confidence in navigating the legal system by focusing on the basics. While it won't cover every specialized situation, it will provide a solid foundation for preparing and filing the most common types of pleadings.
If your case needs a deeper understanding of advanced legal concepts, seek the advice of a lawyer. Above all, remember that courts value:
precision,
adherence to established norms,
good faith
respect for procedure, and
honesty.
Those without formal legal training can meet these expectations with the right tools and knowledge. This guide is your starting point—a practical roadmap to help you follow the rules and focus on what matters most: presenting your case effectively.
Welcome to the world of civil court documentation. Let this booklet make the hard way a little easier. It is important to remember that each state and federal court has different rules. The samples offered in this booklet might or might not be appropriate for the court you are in.
Introduction
The information and forms in this guide are not legal advice and are not a substitute for the help of a qualified lawyer. Talking with a lawyer about your situation before filing any document or form is a good idea. Many lawyers will give you a free fifteen-minute consultation, and even if you get stuck talking to an assistant, you can still learn a lot from the types of questions they ask. There are many opportunities online to discuss your legal problems. Sometimes, you get good advice, and often, you do not.
In criminal cases, the defendant is entitled to have a lawyer appointed and paid for if they cannot afford one. In civil law cases, the rule is different. For example, in a debt collection lawsuit, the consumer must pay for their own lawyer or do without. If you have been served with a Summons and Complaint and ordered to appear in court, you don’t have much choice in the matter. You can hire a lawyer to represent you in court or you can do it yourself. "Pro se" is a Latin phrase that means "on one's own behalf" or "for oneself". It refers to a person who represents themselves in court without a lawyer. Some states refer to self-represented litigants as “pro per.” This term also comes from the Latin, and it’s short for “propria persona”, which means "in their own person".
Find out if the courts in your state usually use “pro se” or “pro per.” This is a useful first step to fitting in, or at least not standing out. The more you look, act, and talk like a lawyer in court, the better off you are. If the lawyers on the other side suspect you may have experienced counsel whispering in your ear, this element of doubt can work to your advantage.
This booklet shows you how to lay out and design court documents that look like they were prepared by a lawyer. This guide is for self-represented non-lawyers. It covers basic civil procedure and litigation documents at a practical, "how-to" level.
Pleadings, Motions, and Court Documents
"Pleadings" are documents that present plaintiffs’ claims and defendants’ defenses, such as complaints and answers. Pleadings define the fundamental factual and legal issues to be decided. "Motions" are written requests for a judge's decision. Pleadings and motions serve as the framework of litigation.
Pleadings and motions are usually created by lawyers. Many courts provide pre-printed forms for some proceedings as a convenience. An example is Kentucky's Small Claims Court Complaint form (AOC-175).
Litigants often choose to draft custom documents that look like the following:
"Pleadings" are a limited, defined category of litigation documents. They provide notice of the parties' claims and defenses. The most basic pleadings, as defined in Federal Rules of Civil Procedure (FRCP) Rule 7(a) and similar state rules, are the Complaint and Answer.
Pleadings include:
1. Complaints (including counterclaims, crossclaims, and third-party complaints);
2. Answers to any of these types of claims, and:
3. A Reply to an answer if ordered by the court.
If someone has sued you for a debt, the Plaintiff starts the process by filing a Complaint, Petition, or Statement of Claim. Generally, defendants will file an Answer as a first pleading. Not filing a proper Answer can lead to a default judgment. The court will rule against you as a matter of course. This booklet will teach you how to format and submit an Answer. It's key to protecting yourself.
Pleadings (Complaints & Answers) are distinguished from other court documents, although they share many formatting rules. The general category of “court documents” includes:
Motions
Briefs
Subpoenas
Orders, and
Other papers identified as part of a specific lawsuit.
Consider pleadings and motions as a lawsuit's 'building blocks'.
A Complaint is like a story—it explains what happened and why the plaintiff is asking for legal action.
An Answer is the other side’s response—agreeing, denying, or explaining their side.
A written Motion is like a request to the court, asking the judge to make a decision before trial.
A Brief is a persuasive legal argument for why a Motion should be approved by the judge.
An Order is the means for judges to direct the course of litigations. For example, to set a trial date.
A Judgment is a record of a final decision when, for example, the judge orders a defendant to pay money to the plaintiff. A Judgment is what allows your wages and bank accounts to be garnished.
What is does the “format” of a pleading or court document mean?
How the document is structured.
The placement of essential sections.
The required elements set by court rules.
Typographic details such as paper size, margins, line spacing, and fonts.
A pleading or court document includes its appearance, but it also covers more than that. The format of a court document is not about the specific meaning of a particular document. However, the form is not a superficial formality.
The form of a pleading is important. The rules of civil procedure require a standard form for court documents. It is a way to promote efficiency. A standardized format assures that critical information is easy to find. Formality means a small practice that, although seemingly insignificant, must generally be observed in order to achieve a certain legal result.
This booklet's guidelines will help self-represented litigants. These guidelines will show you how to know that pleadings and motions are properly formatted and court-compliant. This will help prevent mistakes and also make legal filings clearer and more professional.
We began the introduction by telling you that this booklet will give you tips on the proper layout and design of pleadings. The complicating factor is that every state, every judge, every county, and every court may have different rules and requirements. Your first step after being sued is to locate the rules for the court you are in. The quickest way is to read the “case captions” on the Summons and Complaint that were delivered to you, or “served” as the lawyers call it. Service is “the formal delivery of a writ, summons, or other legal process or notice,” according to Black's Law Dictionary.
First, find the courthouse.
You likely discovered that you had been sued when you were served with copies of a court-issued Summons/Notice to Appear and a copy of the plaintiff’s Complaint, petition, or Claim. A Summons may also be called a “Citation.” The following is a sample from Florida of what a typical Small Claims Court Summons looks like.
This Summons is full of information and instructions and it is a quick way to learn three critical bits of information:
The name of the court: County Court, Pinellas County, Florida – Small Claims Division
The court’s case number: 21-005588-SC - North
The names of the parties to the lawsuit: Capital One Bank, N. A., Plaintiff vs. Roland Boyd, Defendant.
With this information, you have what you need to design your own document captions. For example:
__________________________________________________________________
COUNTY COURT, PINELLAS COUNTY, FLORIDA
SMALL CLAIMS DIVISION
CAPITAL ONE BANK, N. A., )
Plaintiff, )
)
vs. ) Case No. 21-005588-SC – North
)
ROLAND BOYD, )
)
Defendant, )
DEFENDANT’S ANSWER
XXXXXXXXXXXXXXXX
_____________________________________________________________
-----oOo-----
Basic Layout, Paper and Typography
Paper size: Standard letter size (8.5 x 11 inch) paper.
Paper type: Opaque white paper. Non-glossy.
Margins: Provide one-inch margins on the top, bottom & right, and one and one-half-inch margins on the left side.
Fonts and typeface: No fancy fonts. Times Roman is a good readable font choice. Generally use regular style type, 14 point, but italics or underline for case names and for emphasis.
Line spacing: Double space except for block quotes and footnotes.
Type color: Black ink only.
Line spacing: Use double-spaced lines in the main body, except for indented quotations.
One-sided printing: Print on one side of the paper only.
Special 28-line pleading paper: In many Western states, including California and Washington state, standard court practices require the use of line-numbered pleading paper that looks like this:
Other good practices:
Page numbers on pleadings with multiple pages may not be required by the rules, but it is a helpful thing to do anyway.
It is generally good practice to staple multiple-page pleadings, or pleadings with exhibits, in the upper left corner.
Exhibits such as contracts, photos, and account statements should be clearly identified (ex. “Exhibit A,” “Exhibit B,” etc.) and identified in the body of the Complaint, Answer, or Brief.
The use of footnotes can make a brief more readable.
General Form of Pleadings
There are six general parts to a civil pleading.
1. The case caption;
2. The title of the pleading;
3. The body;
4. A signature, address, phone, & email;
5. Proof of service and other required certifications, and;
6. Attached exhibits.
Case caption
Every pleading shall have a caption at the top of the first page that sets out:
1. The name of the court;
2. The style of the action, and;
3. The case number.
The ‘style of the action’ refers to the names of the parties and their alignment as plaintiffs, defendants, appellant, appellees, etc.
A simple style of the action would appear like this: Mary Jones, Plaintiff v. John Jones, Defendant.
Title
Each pleading requires a clear designation indicating the type of pleading it is. In addition to pleadings (complaints & answers), every other type of paperwork filed in a civil action needs to be identified. This includes motions, proposed orders, briefs, and anything else. The placement of the title is not critical as long as it is obvious. There are several variations of placement depending upon habit and local practice.
Body
The body of a pleading, motion, proposed order or brief is the part where experienced lawyer skills come in handy. The Civil Rules may have something to say about the requirements for this part, as with separate numbered paragraphs for complains and answers or the parts of a brief on appeal. The actual substance of complaints, motions and other papers moves beyond the realm of these technical formalities.
Signature, Address, Phone & Email
Every pleading, motion and other paper must be signed by a party’s attorney or by the party herself if not represented by an attorney.
The rules also require the address and phone number of the person who signs. In some courts an email address is also needed.
Proof of Service and Other Certifications
Virtually every motion filed in court must be served upon every other party named in an action. Written proof of this service must be filed with the court, either with the fi ling or shortly after. This rule specifies that attorneys may make this proof to the court by a certificate of service, but non-lawyers must file an affidavit of service “or by any other proof satisfactory to the court.”
Your jurisdiction may also require you to include additional certifications such as a certification of compliance with word count or page limits, or certification that the document does not contain personal identifying information. Be sure to check with your local rules of court or ask a court clerk about filing requirements. Sometimes you must pay a fee.
Important details and common mistakes to avoid
Missing deadlines – Courts follow strict timelines. Always check filing deadlines.
Read the Summons/Notice to Appear very carefully (more than once). It contains critical information about filing a written Answer and pre-scheduled mandatory court appearances. If you don’t understand, ask.
Using informal language – Avoid casual language like "I want" or "I feel." Instead, use neutral, factual statements.
Ignoring formatting rules – even small formatting errors can lead to rejection. This guide will help you get it right.
Know in what court your case has been filed. State or federal, for example?
Look for the local rules of court. There are statewide rules and local county rules. Individual judges sometimes add their own rules.
Some larger counties have courts at more than one location. Be sure you know which court location is home for your lawsuit.
You are not being called to the principal's office. A civil lawsuit is not like a criminal case. "Blame" is not an issue if you are being sued for credit card debt.
Many people in debt collection lawsuits assume that explaining their financial hardship will help their case. Judges are human, but they are supposed to remain impartial. The neutral application of legal principles prevents courts from deciding cases on sympathy. They follow legal rules about whether the debt collector has proven their case. Courts do not decide debt lawsuits based on whether you are a good or bad person or whether you tried your best to pay. The only question before the court is whether the creditor can prove you legally owe the money.
Having just told you that the reasons for non-payment are unimportant . . . it’s not true. Many people, including judges, are ready to think the worst of you, and they may suspect you are a deadbeat trying to put one over on them to avoid payment. Don’t dwell on your employment or health problems, but it’s useful to let the judge know that life can be a struggle sometimes. Just remember that financial hardships will not excuse you when you’re sued.
Complaints and Petitions
A civil action is started when a plaintiff files a complaint or petition with the court, a summons or citation is issued by the court clerk, and both are delivered to the plaintiff. Delivery of a summons and complaint to a defendant is called “Service of Process.” The rules for the proper service of summons and complaints differ from state to state.
When service is completed successfully, a certificate of service is filed with the court by the process server. The court is also notified if service was not accomplished. The date a defendant receives service of process starts the countdown clock on the time limit to respond.
A complaint is a pleading that states a claim for relief and it must contain:
a short and plain statement of the grounds for the court's jurisdiction and venue;
a short and plain statement of the claim showing that the pleader is entitled to relief; and
a demand for the relief sought, which may include relief in the alternative or different types of relief.
A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. Paragraph numbers may be used for reference purposes.
Jurisdiction and Venue
There are thousands of courts scattered across the country and at every level of government from city courts to the United States Supreme Court. If you have been sued, it is a good idea to check that you have been sued in the right court. There are three general aspects to this:
Subject Matter Jurisdiction,
Personal Jurisdiction, and
Venue.
Subject matter jurisdiction is about the type of lawsuit is involved. Many counties have special “Family Courts” that decide only family law related cases like divorce or adoption, and that is the only type of case they were designed and authorized to handle. If your debt collection lawsuit was filed in Family Court, it is a mistake that must be corrected.
Personal jurisdiction and venue relate to a court’s ability to exercise its judicial power over you specifically. Generally, you must be sued where you live and not in a far-off location that’s not connected to the litigation. The Fair Debt Collection Practices Act requires that debt collectors sue consumers where they reside or where they signed the contract. See: 15 USC 1692i(a)(2).
Statement of the Claim
There are wide variations of drafting styles that different lawyers favor, ranging from the bare minimum to statements of claims with extravagant detail. At the minimalist end of the pleading spectrum, you may find complaints that allege nothing more than:
The defendant borrowed money by using a credit card account.
The defendant has not repaid the loan as agreed.
The defendant has breached his contract and owes the unpaid balance plus interest and attorney’s fees.
The plaintiff debt collector usually presents more than one legal theory in numbered “counts” in the complaint. A typical credit card collection action may include the same claim presented in three or more different ways:
Breach of contract,
Unjust enrichment, and
Statement of account.
The more you know about your state’s version of these general causes of action, the better prepared you will be to present your defense and to proceed strategically rather than blindly.
Relief Sought
In the United States, civil courts can grant monetary relief, injunctive relief, and declaratory judgments.
Monetary relief
Damages: Money to compensate for harm caused
Statutory damages
Punitive damages: A form of monetary relief that can be requested in a special prayer for relief
Attorneys' fees: A form of monetary relief that can be requested in a special prayer for relief
Costs
Interest
Injunctive relief
Injunctions: Court orders that require a person to do or stop doing something.
Mandatory injunctions: A subset of injunctions that require a party to take a specific action, which aligns with the concept of specific performance.
Specific Performance: A remedy where a court orders a party to perform their contractual obligations, essentially forcing them to do what they agreed to do.
Temporary restraining orders (TRO): A type of injunction that can be issued early in a lawsuit
Preliminary injunctions: A type of injunction that can be issued early in a lawsuit
Declaratory judgments
A court determination of the rights of parties without ordering monetary damages or requiring action. A declaratory judgment is a court ruling that defines and clarifies the legal rights and obligations of parties involved in a dispute, essentially stating what the law is regarding a specific situation without ordering any immediate action or awarding damages; it's a way to resolve legal uncertainty by establishing the parties' rights and relationships in a matter before a potential conflict arises.
A plaintiff can request specific relief in their complaint. The request for relief is called a prayer for relief, but the court is not limited to granting the relief requested by the plaintiff. Monetary relief is generally the only type of relief involved in a debt collection lawsuit. Injunctive or declaratory relief are not factors. Typical language in a plaintiff’s prayer for relief includes a request for “any other relief to which the plaintiff may be entitled.” The potential for surprise is substantial.
*** BEWARE OF ATTORNEY’S FEES ***
Most credit card member agreements and many state statutes include provisions that require the debtor to pay the debt collector’s attorney’s fees and costs of collection. Lawyers are not inexpensive, and the plaintiff’s attorney fees can mount up quickly. The possibility of paying for the plaintiff’s legal expenses should be an ever-present strategic consideration.
The Answer
An answer is the defendant's reply. It includes:
Admission or denial of facts
Legal defenses, like affirmative defenses
Counterclaims
Cross-claims
Relief sought
In the answer, the defendant must admit or deny each allegation in the complaint. The defendant can use these types of denial:
Admission or denial of facts
General denial:
This means denying every claim made in the complaint.The defendant can use a general denial only if they can "in good faith" deny all allegations in the complaint. This includes the identity of the parties and the jurisdictional grounds.
Qualified general denial.
This type of denial rejects all claims in the complaint, except for those that are admitted.
Specific denial.
The defendant can make specific denials. They can deny all or part of a paragraph (or paragraphs) in the complaint. If the defendant can’t fully deny a paragraph, they may deny parts of it. If the defendant doesn't admit or deny an allegation, the court may see it as accepted.
Affirmative defenses
An affirmative defense is a legal defense that introduces new facts or issues to avoid civil liability. An affirmative defense is not a denial that the defendant committed the alleged acts. It's a way to justify the defendant's actions by showing that there was a legal reason for their actions. The defendant has the burden to prove the affirmative defense. If an affirmative defense is not asserted in the answer, it is typically waived.
Counterclaims
A counterclaim in civil litigation is a claim filed by a defendant against the plaintiff within the same lawsuit, allowing the defendant to assert their own claims against the original party who filed the lawsuit, essentially "suing back" in response to the initial claim; it is a way for both parties to resolve related disputes in one proceeding.
Cross-claims
A "cross claim" in civil litigation is a claim brought by one party against another party who is on the same side of the lawsuit, meaning a plaintiff can cross-claim against another plaintiff, or a defendant can cross-claim against another defendant, when the claim arises from the same transaction or occurrence as the original lawsuit; essentially, it allows a party to sue a co-party within the same case.
Relief sought
This is similar to the relief requested by the plaintiff’s complaint.
Court filing systems (electronic or paper)
Most courts have adopted the use of remote electronic filing systems but also continue to use paper filing systems in parallel. Pro se (pro per) litigants might be allowed to use the electronic system depending on the court and the circumstances. Many courts require pro se litigants to file documents in paper only.
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How to find Court rules of procedure.
A simple strategy for a non-lawyer to locate state and local court rules of procedure online involves the following steps:
1. Start with the Official Court Website
Search for your state's court system using Google by typing:
"[Your State] court rules site:.gov"
If looking for local (county or municipal) courts, modify the search to:
"[Your County/City] court rules site:.gov"
The official court website typically has sections for Rules of Court, Forms, or Self-Help.
2. Use the State’s Judicial Branch Website
Most states have a statewide judicial website (e.g., www.courts.ca.gov for California). Look for links to:
Rules of Civil Procedure
Local Rules
Court Forms and Guidelines
These rules govern how cases proceed in state courts.
3. Check Local Court Websites
If you need county-specific or city-specific procedures: Search for: "[County Name] Superior Court rules" or "[City Name] Municipal Court rules". Local courts often publish their rules separately from state rules.
4. Use Legal Research Websites
Free sources like:
Justia (www.justia.com) – Has legal resources including court rules.
Cornell’s Legal Information Institute (LII) (www.law.cornell.edu) – Provides links to state court rules.
Google Scholar (scholar.google.com) – Can be used to find case law interpreting rules.
5. Look for PDFs of Court Rules
Many courts post their rules in PDF format. A search like: "[State/County] rules of procedure filetype:pdf" can help locate official documents.
6. Check Your State Legislature Website
Some states have their court rules codified in statutes. Search for: "[State] Code of Civil Procedure" or "[State] Court Rules" on the legislature’s website.
7. Contact the Clerk of Court
If rules are hard to find online, call or email the Clerk of Court for guidance. They often provide directions on where to find official rules.
8. If all else fails, ask me.
I’ll find what you need for a small fee. https://blog.foxparalegalservices.com/
What if you do nothing and fail to answer?
Many defendants don’t respond to lawsuits, leading to default judgments. What happens if you ignore a debt collection lawsuit? Ignoring the lawsuit is the worst mistake you can make. If you do nothing, the court will likely rule against you automatically.
The debt collector can then:
garnish your wages,
freeze bank accounts, or
place liens on property.
If you don’t believe you owe the debt, ignoring the lawsuit means losing your chance to fight it. Even if you do owe the debt, filing a proper response may give you time to negotiate a better settlement.
Self-represented defendants can take control of their situation while keeping their expectations realistic. Every case is different. It can be tough to take on an experienced lawyer. Sometimes, life doesn't offer an easy way out, so you have to fight. Even if you legitimately owe the debt, filing an Answer buys you time to negotiate. Many debt collectors prefer settlements over long legal battles.
Checklist: Before Filing Your Answer
Read the lawsuit carefully – What is the creditor claiming? Who is suing you? Are they suing in the right court?
Find your court’s deadline – Missing the deadline means losing automatically. Deadlines vary by state, so check local rules.
Check your local court rules – Each court has its own formatting rules. Search online for your state’s “Court Rules” or “Rules of Civil Procedure” to find them.
Decide how to respond – Will you fight, negotiate, or try to settle?
Format your document properly – Courts require specific layouts (margins, headings, etc.). Follow this guide to get it right.
Remember to sign your document.
Remember to include your exhibits if you have any.
Make copies before filing – You’ll need extra copies for yourself and the creditor.
Send copies to other parties or their lawyers.
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Call to action: Do you need research help? Call me. I do freelance legal research and writing at a reasonable price.
What to Expect in Court
Be early. Courts run on strict schedules.
Check in with the clerk. Let them know you are present.
Watch cases before yours. This will help you see how things work.
Speak clearly and respectfully. Call the judge “Your Honor.”
Answer only what is asked. Don’t overshare personal stories—stick to the legal issue.
If you don’t understand something, say so. Judges appreciate honesty.
Expect negotiation. Many cases settle before trial—be ready to discuss settlement offers. Think about payment terms you can live with.
Final Tip: If the judge rules against you, ask if you have a right to appeal.
Strategic thinking
Many consumer debt defendants can't "win" in the traditional sense. But you can
delay a judgment,
negotiate a better deal,
reduce the amount owed, or
challenge bad behavior by debt collectors.
Use the fact that a lawyer’s time is expensive to leverage a debt collector to negotiate. Most debt collection lawsuit are decided by default. This happens when the consumer does not answer. But, be careful. Attorneys' fees and costs paid by the debt collector can be a double-edged sword.
Debt collectors want fast, easy wins. If you fight back, they may be willing to negotiate. However, increasing their legal costs doesn’t always work in your favor. In some cases, a court may order you to pay those costs if you lose
Winning a debt collection case doesn't always mean you don't owe the debt. It often means ensuring the creditor obeys the law. This helps avoid a default judgment and gives you a chance to negotiate a settlement. A well-prepared defense can buy you time and give you options.
The creditor must provide evidence that you owe the debt. They must also show they have the right to collect it and followed proper procedures. Stating that you couldn’t pay does not qualify as a legal defense. Instead, focus on requiring the creditor to meet their burden of proof and look for account errors and debt collection mistakes.
Glossary of terms
Admissions: In civil litigation, an "admission" is a statement by a party acknowledging the truth of a specific fact or document, essentially agreeing that a certain piece of information is true and does not need to be further proven at trial; often obtained through a "Request for Admissions" process.
Affidavit: An affidavit in civil litigation is a written statement signed under oath, where a person declares certain facts to be true to the best of their knowledge. In special circumstances, an affidavit may be used as evidence in court when live testimony isn't available. It is the same as a "declaration." Some jurisdictions require affidavits and declarations to be notarized, while others accept affirmations "under penalty of perjury" and may not require notarization.
Answer: In civil litigation, an "answer" is a written document filed by a defendant to respond to the plaintiff's complaint, where they either admit, deny, or state a lack of knowledge regarding each allegation made against them; essentially, it's the defendant's formal response to the lawsuit. Failing to file an answer in time may lead to a default judgment against the defendant.
Attachment: In civil litigation, attachment is a court order to seize property from a debtor to secure a claim. It can be used before a trial or to enforce a judgment.
Attorney's fees: Attorney's fees are the costs a client pays a lawyer for legal services. These fees can be hourly, flat-rate, or contingent. The normal "American Rule" of attorney's fees is that each side, win or lose, pays their own lawyers. In litigation, fee shifting can impose the debt collector's costs of collection, including attorney's fees, onto the debtor. This can happen if the contract between the parties or a statute provides for it. Courts generally require such attorney's fees to be "reasonable." In consumer debt collection cases, fee-shifting provisions can be found in the FDCPA and some state laws that allow attorney’s fees for consumers who successfully challenge unfair debt collection practices.
Borrowing statute: A "borrowing statute" is a law that allows a court to apply the statute of limitations from another jurisdiction when a lawsuit is brought in the current jurisdiction, essentially "borrowing" the time limit from the place where the cause of action arose, rather than solely using the local statute of limitations.
Citation: (1) In civil litigation, a "citation" is a legal reference to a specific case, statute, or other legal authority used to support a claim in a legal document, essentially providing a way to locate the source of information being cited; (2) it can also refer to the official notice served on a defendant informing them of a lawsuit filed against them, meaning the same as a "summons" or "notice to appear." (3) In many states, a "citation" more commonly refers to traffic violations or administrative penalties.
Civil litigation: Refers to a court case between individuals or involving a private dispute. This is in contrast to criminal litigation.
Claim of exemption: If a judgment creditor wants to seize some of your property or wages in order to get paid, and that property is partly or fully exempt, you must file a claim of exemption in order to protect the property.
Collection agency: A business operation that collects money owed to a third party. These debts may be debts owed to governments such as taxes or fines, business debts, or personal consumer debts. Collection agencies that collect consumer debts are more strictly regulated then are those who collect commercial or government debts. Under the FDCPA, collection agencies collecting consumer debts are subject to stricter rules, including prohibitions on harassment and deceptive practices.
Complaint: A complaint is a written document that starts a civil lawsuit. It's the first formal step in a civil case. It is a statement of the plaintiff's claims against the defendant, a description of the plaintiff's injuries or damages, and a request for a remedy from the court.
Costs: In civil litigation, "costs" refers to the expenses incurred by a party during a lawsuit, which the court may order the losing party to reimburse the winning party for, typically including court filing fees, the expense of responding to discovery requests such a research and copy fees, witness fees, and other related expenses. Typically, attorney's fees are separate from costs.
Counterclaim: A "counterclaim" in civil litigation is a claim filed by a defendant against the plaintiff, essentially asserting that the plaintiff also owes them something, arising from the same events or related issues as the original lawsuit; it's a way for the defendant to sue the plaintiff within the same case. There are two general types of counterclaims, compulsory and permissive. Compulsory counterclaims arise out of the same transaction or occurrence as the plaintiff’s claim and must be raised in the lawsuit, while permissive counterclaims are unrelated and can be filed separately.
Credit report: A credit report is a statement that has information about your credit activity and current credit situation, such as loan paying history and the status of your credit accounts. There are many different credit reporting agencies for individuals and businesses. The three big consumer credit reporting agencies are TransUnion, Equifax, and Experian.
Damages: In civil litigation, "damages" refers to the monetary compensation a plaintiff seeks from a defendant to compensate for a loss or injury caused by the defendant's wrongful actions, essentially aiming to "make the injured party whole." In debt collection litigation, damages are usually the amount owed. Interest is counted separately as pre-judgment and post-judgment interest. Court costs and attorney's fees are usually not counted as part of the damages.
Debt buyer: A debt buyer is a person or company that buys debt from creditors and tries to collect it. Debt buyers are considered debt collectors. They are sometimes referred to as "junk debt buyers."
Debt collection: In civil litigation, debt collection is a legal action to recover money owed on a debt. It can involve lawsuits brought by creditors or debt buyers.
Debt collector: The Fair Debt Collection Practices Act (FDCPA) is a federal law that defines "debt collectors" in relation to businesses and individuals who pursue the repayment of consumer debts. Many states have similar laws, which may have different interpretations and applications. Debt collectors attempt to collect debts through letters, emails, social media, phone calls and texts, and civil lawsuits.
Declaration: A declaration is another name for an affidavit.
Default Judgment: A ruling in favor of the plaintiff when the defendant fails to respond to the lawsuit within the required time.
Defendant: In civil litigation, a "defendant" is the person or entity being sued by the plaintiff, meaning they are the party against whom a lawsuit is filed. They are the party being accused of wrongdoing in a civil case.
Demurrer: A legal pleading in some jurisdictions that challenges a complaint’s legal sufficiency without addressing the facts.
Deposition: A deposition is a sworn testimony given by a witness outside of court. It's a question-and-answer session that happens during the discovery phase of a civil lawsuit. Depositions are used to gather information about the case and prepare for trial.
Discovery: In civil litigation, "discovery" is the pre-trial process where parties to a lawsuit exchange information and evidence with each other to prepare for trial, allowing them to gather facts and details about the case from the opposing side to support their claims or defenses.
Exempt property: In civil litigation, exempt property is property that creditors can't seize to pay debts. Exempt property is protected by state and federal laws called exemptions. (See "Claim of exemption")
FCRA: Fair Credit Reporting Act. The Fair Credit Reporting Act (FCRA) is a federal law that protects consumers from having their personal information misused. It also ensures that credit information is accurate and reported fairly. FCRA allows consumers to dispute inaccurate credit information and limits how long negative information can remain on a credit report (typically seven years for most debts).
FDCPA: Fair Debt Collection Practices Act. The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices. The FDCPA only applies to third-party debt collectors, not original creditors. Many consumers mistakenly think the FDCPA applies to banks or credit card issuers directly.
FRCP (Federal Rules of Civil Procedure): Refers to a set of rules that govern the process of civil lawsuits in federal district courts in the United States, outlining procedures for filing claims, discovery, motions, and trials.
FRE (Federal Rules of Evidence): Rules of evidence are guidelines that determine what information is allowed in court to support a claim. They help ensure that only relevant and reliable information is presented.
Garnishment: A "garnishment" in civil litigation is a court order that allows a creditor to collect a debt by taking a portion of a debtor's wages or other funds held by a third party (like a bank), essentially instructing that third party to pay the creditor directly instead of the debtor. There are special statutory rules and limits on wage garnishments.
Hearsay: A statement made outside of court that is offered in court to prove the truth of the matter asserted, usually inadmissible unless an exception applies.
Injunctive relief: "Injunctive relief" is a court order that compels a party to either do or refrain from doing a specific action, typically used when monetary damages alone would not adequately address the harm, and is often sought to prevent irreparable damage from occurring; essentially, it's a legal tool to force someone to take (or stop taking) a particular action.
Interest rate: Interest is usually expressed as an annual percentage. It may be calculated as simple interest or compound interest, depending on the context. The rate of interest may be set by agreement, statute, or judicial discretion, depending on context. Interest is considered compensation for the use of funds over time.
Interrogatories: In civil litigation, "interrogatories" are written questions that one party in a lawsuit sends to another party, requiring them to provide detailed written answers under oath, as a method to gather information about the case during the discovery phase.
Judgment Creditor / Judgment Debtor: A judgment creditor is the party who won a monetary judgment, and a judgment debtor is the party ordered to pay.
Judgment: A "judgment" in civil litigation is the final decision made by a court in a lawsuit, outlining the rights and obligations of each party, typically stating who is liable and what compensation, if any, is owed to the winning party.
Lawsuit: A civil lawsuit is a legal action in which one party sues another party in court. The party suing is called the plaintiff, and the party being sued is called the defendant.
Levy: A levy is a legal seizure of your property to satisfy a tax debt. Levies are different from liens. A lien is a legal claim against property to secure payment of the tax debt, while a levy actually takes the property to satisfy the tax debt.
Lien: A legal claim against a debtor’s property as security for a debt.
Local Rules of Court: Local Rules of Court are rules that govern how a court conducts its business, including civil litigation. They can include rules about procedures, forms, and policies.
Motion to Dismiss: A request to terminate a case before it goes to trial, often based on lack of jurisdiction, improper service, or failure to state a claim.
Motion: A "motion" in civil litigation is a formal request made by a party to the court, asking the judge to make a specific ruling or order on a particular issue in the case, usually requiring a written document outlining the legal arguments supporting the request.
Notice to appear: Same as summons. A legal document that informs a defendant that they are being sued in civil court. It also requires the defendant to respond to the lawsuit within a specific time frame.
Objection: In civil litigation, an objection is a formal protest to evidence, testimony, or a question that is not allowed by the rules of evidence. Objections are raised by attorneys during trials, depositions, and fact-finding hearings.
Original creditor: In civil litigation, the original creditor is the entity that first extended credit to a debtor. This could be a loan, a lease, or the ability to purchase goods or services. Distinguished from "debt collector" in FDCPA.
Petition: Same as complaint. A written document that starts a civil lawsuit. It's the first formal step in a civil case. It is a statement of the plaintiff's claims against the defendant, a description of the plaintiff's injuries or damages, and a request for a remedy from the court.
Plaintiff: In civil litigation, a plaintiff is the person who initiates a lawsuit by filing a complaint. The plaintiff is responsible for proving their allegations to the judge or jury.
Pleadings: In civil litigation, pleadings are formal written documents that outline the claims and defenses of the parties involved in a lawsuit. They are a fundamental part of the litigation process.
Post-judgment interest: Post-judgment interest is interest that is paid on a judgment after it has been entered but before it is paid in full. The interest rate is usually determined by statute or by the contract that was used in the case. Louisiana law is slightly different.
Pre-judgment interest: In civil litigation, pre-judgment interest is money paid to a plaintiff to compensate for not being able to use their money while a case is pending. It's calculated as simple interest from the date of the loss until the judgment is entered.
Pro bono: (A Latin phrase that means "for the public good") A pro bono case is one where an attorney provides legal services for free or at a significantly reduced cost, typically for clients who cannot afford representation.
Pro per: In civil litigation, "pro per" is a term that refers to a person who represents themselves in court without an attorney. It is also known as "pro se" or "self-represented".
Pro se: The term comes from the Latin phrase pro se, which means "for oneself". It has the same meaning as "pro per."
Production of Documents: Production of Documents in civil litigation refers to the process where one party in a lawsuit is required to provide copies of relevant documents to the opposing party, usually in response to a formal request, allowing access to evidence that may be used in the case.
Replevin: A legal action to recover possession of property wrongfully taken or withheld.
Reply: In civil litigation, a reply is a formal written response to a complaint, allegation, or counterclaim. It can be made by a plaintiff or a defendant. It can also mean a legal brief offered in opposition to an appeal. In federal civil litigation, a "reply" is typically a plaintiff’s response to a defendant’s counterclaim. In appellate practice, a "reply brief" responds to an opposition brief.
Response: In civil litigation, a response is a formal document that a defendant files to contest a lawsuit. This type of response is also known as an "answer." A response can also be a written response to a motion.
Service: In civil litigation, service is the act of delivering legal documents to the other parties involved in a case. When it involves delivery of a summons and complaint (citation and petition) known as "service of process" and it must comply with specific statutory requirements.. Improper service can be grounds to challenge a lawsuit. Personal service (hand delivery), substituted service (leaving with another adult), service by certified mail, and service by publication (for missing defendants) are common methods.
Specific performance: Specific performance" is a legal remedy where a court orders a party to fulfill the exact terms of a contract, essentially forcing them to carry out their promised actions, rather than simply paying damages for breaching the agreement, typically used when the subject matter is unique or irreplaceable.
Statute of Limitations: The time limit within which a lawsuit must be filed. For credit card debt, this varies by state, often between 3 to 6 years.
Subpoena: A subpoena is a court order that requires a person or company to appear at a deposition or in court or to produce documents for a civil lawsuit.
Summons: A summons is a legal document that informs a defendant that they are being sued in civil court. It also requires the defendant to respond to the lawsuit within a specific time frame.
Traverse: A term for the denial of a material allegation made by the opposite party, usually during pleading. Where a defendant denies a statement of fact critical to the plaintiff's case, he is said to 'traverse' it, and the plea itself can then be referred to as a 'traverse'. In the context of debt collection litigation, a traverse hearing is a hearing in front of a judge to decide whether the other side actually gave you the legal papers informing you of a lawsuit. The issue is the possibility of fraud by the process server.
Turnover: In Texas, current wages are exempt from garnishment. However, garnishment is only one of many procedural methods by which a judgment creditor can collect a judgment debt in Texas. Another method is the turnover, which is a broad statutory collection remedy that allows Texas courts to assist creditors in their collection efforts.
Vacate Judgment: A request to cancel a judgment, usually due to improper service or excusable default.
Writ: A "writ" in civil litigation is a formal written order issued by a court, directing a person or entity to perform a specific action or refrain from taking certain actions, essentially acting as a legal command to enforce rights or correct errors.
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