Legal Question in Credit and Debt Law in California

Yes, you can use this form if the complaint is not verified.

You didn't state what type of lawsuit this is so it's not possible to say what the possible affirmative defenses are. Affirmative defenses are legal grounds that would shield defendant, you, from liability, whether tort or contract. They are independent facts, that if true, would result in denial of plaintiff's claim. "I cannot pay" in a contract lawsuit is not an affirmative defense.

You have to file a separate bill of particulars and serve it on the plaintiff. And no, it is not filed with the court. The answers the plaintiff gives in response to the bill could be used by you as supporting evidence to prove a legal point you make later.

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