How to find the Rule 280.2 Affidavit

The Affidavit should be included with your Summons and Complaint.

Look for a form titled Credit Card or Debt Buyer Collection Action Affidavit (Supreme Court Rule 280.2).

At the top of the form, you'll see the names of the people or companies involved.

🔎 Can't find it? Call the court clerk and ask for a copy.

Why the form matters

The Affidavit is an important paper in your case. It has details about the debt, such as:

• Account information to help show the debt is really yours,
• How much money is owed, including any extra fees or interest added after the debt was charged off,
• Information to confirm that an original creditor is suing you, and
• The date of your last payment, to check if the case was filed on time.

In the next sections, we’ll go over what’s in the Affidavit and explain why each part matters.

💡 If the form is missing or has incorrect information, you can tell the court at your first court hearing.

Debt information

The first chart should look like this:

The section lists basic facts about the debt:

• Name of the original creditor (the first company you owed),
• Last few digits of the account number,
• When the account was opened, and
• Type of debt.

💡 Why this matters. This helps you confirm whether the debt is actually yours.

Most recent account activity

The next chart may be located in section 1(c). It looks like this:

This section shows the most recent activity for the account:

• Balance when the debt was charged off,
• Date of the charge-off,
• Last payment date and amount, and
• Any payments made after the charge-off.

💡 Why this is matters.

• This helps you check whether the amount is correct.
• This shows whether the lawsuit was filed in time (statute of limitations). For credit card debt, they usually have to sue you within 5 years of your last payment.

👉 Learn more about the statute of limitations. 

Who owns the debt

The next chart is located in section 2 and shows information on how the debt was bought and sold:

If the lawsuit was filed by a credit card company, the box at the bottom should be checked.

💡 Why this matters.

• If the box at the bottom is checked, this confirms that the original creditor is suing you.
• If the box at the bottom is not checked and there is information about how the debt has been bought and sold, then you have probably been sued by a debt buyer. This means that certain laws, like the Fair Debt Collection Practices Act, apply to the debt buyer.

Extra charges and fees

Section 3 lists any additional costs or fees that the debt collector is trying to recover.

This section breaks down any additional amount that the debt collector wants to be included in a judgment.

 Why this matters. This helps you understand how the collector came up with the total amount they’re asking for in court.