Common Court Motions for Debt Collection Cases
Learn which legal motions Pro Se litigants can use — and how they work.
1: What Is a Motion?
A motion is a formal request asking the court to make a decision before trial. It’s a tool Pro Se litigants can use to defend themselves or challenge the lawsuit.
2: Most Common Motions in Debt Cases
- Motion to Dismiss: Argues the case should be thrown out entirely (e.g., wrong party, improper service, or time-barred debt).
- Motion to Quash: Challenges defective service of process or improper jurisdiction.
- Motion for Discovery: Requests documentation or evidence from the creditor to prove their case.
- Motion for Summary Judgment: Asks the court to rule without trial based on lack of dispute or evidence.
3: When to Use These Motions
- You weren’t properly served with the lawsuit.
- The debt is too old to be legally enforceable.
- The plaintiff has not provided supporting documentation.
- You need time or records to defend yourself.