Debt Lawsuit Defense Preparation

This article outlines the initial steps necessary to undertake when preparing to defend your credit card debt lawsuit. There are essentially to important things steps to takes. One, get a basic working knowledge of the court rules and procedure for your state. Two, create complaint analysis and checklist you can refer to as you prepare defense documents.


Important of Court Rules and Procedures

First and foremost, you must research the court rules and procedures for your state. This is necessary for 2 reasons. One, you may be able identify mistakes made by the Plaintiff when preparing the complaint which will allow you to file motions to buy more time. Two, it is critical you follow the court rules with respect to filing motions, answering summons, and hearing request. Remember, procedure differs depending on where you’re located. This means simple Issues like document formatting and how you file are important factors to understand when filing pleadings for your lawsuit. If your documents are not properly prepared, you run the risk of losing your motions on procedural grounds, or annoying the court. Both of which may hurt your chances of winning your lawsuit. Fortunately, the Resource Center (on our website contains links to court rules for nearly every state in the country. You can visit this area of our site by clicking here.


Defense Information Sheet and Checklist

Keeping organize is critical when preparing your credit card lawsuit defense. One of the best ways you can do that is to prepare and information sheet, and checklist that you can refer back to when preparing defense documents.

Below is a sample document used to track the progress of a credit card lawsuit. Every case is different, so you may use the entire template or just a portion. Be sure to be thorough and mark everything that applies to your case.



  • What is the name, address, phone, email and fax number of the defendant?

    • Name: __________________________________________________________
    • Address:________________________________________________________
    • Phone: _________________________________________________________
    • Email: _________________________________________________________
    • Fax: ___________________________________________________________

  • What is the name of the plaintiff?

    • Name: __________________________________________________________

  • What is the case number?

    • Case Number: _____________________________________________________

  • What is the name and address of the attorney who signed the complaint?

    • Name: __________________________________________________________
    • Address: ________________________________________________________

  • Is the complaint a petition to confirm an arbitration award? If yes, describe the documents that were filed in response to the petition to arbitrate BEFORE it was filed in court.

    _____________________________________________________________________________
    _____________________________________________________________________________
    _____________________________________________________________________________


  • On what date were you served with the summons and complaint?

    • Date: __________________________________________________________

  • What was the last day you had to file a written answer according to the summons?

    • Date: __________________________________________________________

  • On what date did you file an answer?

    • Date: __________________________________________________________

  • Did you deny every numbered allegation in the complaint and file your written answer with the court within the time limit as well as pay any filing fees?
  • _____________________________________________________________________________
    _____________________________________________________________________________
    _____________________________________________________________________________


  • Which of the following was included in the complaint?
    • Copy of a credit card agreement
    • Copy of credit application showing defendant’s signature
    • Copy of any check
    • Affidavit of witness for the plaintiff
    • Monthly statements

  • Describe any other exhibits or attachments that were included with the complaint:

    _____________________________________________________________________________
    _____________________________________________________________________________
    _____________________________________________________________________________


  • Check each item that applies and include the date as indicated:
    • Plaintiff sent me Requests for Admission on this date: ____________________
    • Plaintiff sent me Interrogatories on this date: _____________________________
    • Plaintiff scheduled my deposition for this date: ___________________________
    • Defendant answered Interrogatories on this date: _________________________
    • Defendant answered Requests for Production on this date: ________________
    • Defendant gave his or her deposition on this date: _________________________

  • List the complete title of each motion filed by the Plaintiff and the date of the certificate of service or post mark date for each:

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

  • List the complete title of each motion filed by the Defendant and the date of the

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

    • Motion: ___________________________________    Dated:___________________
      Plaintiff’s Motion was Granted ____ or Denied ____ on    Date:____________

  • What is the date of the case management conference?

    • Date: __________________________________________________________

  • What is the date of the pre-trial hearing?

    • Date: __________________________________________________________

  • What was the resulting judgment?
  • _____________________________________________________________________________
    _____________________________________________________________________________
    _____________________________________________________________________________


  • The judgment was the result of the following:

    • A Motion for Summary Judgment
    • A trial decision of court