Hunt & Henriques: BOP options

[Wantawin2012]

I found the bop examples but what part do I edit how do I know which one to insert my case is a credit card case capital one for $8,500 their complaints are breech of contract and common counts.
Under Bc-1 they wrote that on or about Aug 2000 checked essentials term as follows (then whatever the contract says)

Under CC-1 they wrote within last 4 years on an open Bo account for money dur, because an account was stated in writing...., for money had and received, for money lent, for money paid out

Which one of these do I select: goods sold and delivered, money had and received, money lent or paid, quantum merit.
I'm thinking :money had and received, money lent and paid, ..what's quantum merit?

Basically I want them to provide all the documentation. My court case is April 2012. Do I have to send this 45 days prior to court date? I already did an answer to them.

[1stStep]

No - send the BOP out ASAP. Make sure it is on pleading paper and you send it CMRRR.

[calawyer]

Originally Posted by Wantawin2012

I found the bop examples but what part do I edit how do I know which one to insert my case is a credit card case capital one for $8,500 their complaints are breech of contract and common counts.
Under Bc-1 they wrote that on or about Aug 2000 checked essentials term as follows (then whatever the contract says)

Under CC-1 they wrote within last 4 years on an open Bo account for money dur, because an account was stated in writing...., for money had and received, for money lent, for money paid out

Which one of these do I select: goods sold and delivered, money had and received, money lent or paid, quantum merit.
I'm thinking :money had and received, money lent and paid, ..what's quantum merit?

Basically I want them to provide all the documentation. My court case is April 2012. Do I have to send this 45 days prior to court date? I already did an answer to them.

If you are looking at my original letter, you edit the phrases in brackets. Add all of your causes of action (except account stated if alleged). Why don't you do a draft letter and post it?

[Wantawin2012]

Sorry, what is pleading paper and what is sending it CMRRR? Is that a 3 rd party proof of service. I will draft a letter today.

[1stStep]

Pleading paper has line numbers on the side...if you have word processing software, it probably has a template for pleading paper.

CMRRR = certified mail, return receipt requested. It's a way of knowing exactly when items are received and who signed for them.

[Wantawin2012]

Hunt and henriques are evil

[calawyer]

Edits underlined:

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish DEFENDANT ME , within 10 days, a Bill of Particulars setting forth all items and details of account on which the causes of action for: breach of contract, money had and received, and money lent or paid, of plaintiff’s complaint is based, including the date of each transaction, a description of services, materials or goods supplied or considerations rendered, the price or charge made for each item, all payments and credits that have been made to the account, and the contract assigning the account to the plaintiff.

Dated: _______


_________________________

DEFENDANT YOU


Put it on pleading paper and serve it on H&H
Have someone do a proof of service too.

Good luck.

[Wantawin2012]

Thanks for your help, I will just send out the short paragraph not all that other stuff from my summons right?

I'm hoping for a dismissal!

[usagi555]

Originally Posted by Wantawin2012

Thanks for your help, I will just send out the short paragraph not all that other stuff from my summons right?

I'm hoping for a dismissal!

Eh, don't hope too much just yet. If they're like all other DC attorneys, they'll jerk you around, claim that the law doesn't apply to them and hope you cave before trial. Just keep the attitude that you are going to kick their butts at trial, and you'll be just fine.

[calawyer]

Originally Posted by Wantawin2012

Thanks for your help, I will just send out the short paragraph not all that other stuff from my summons right?

I'm hoping for a dismissal!

Correct.

To be precise, it should start with

TO PLAINTIFF AND ITS ATTORNEYS OF RECORD HEREIN:

continue on with the paragraph.

I am hoping for a dismissal too.

[Wantawin2012]

one more quick question...
on the top of the pleading paper it says lawyers name and address, I'm assuming that is where I put Hunt & Henriques

Hunt & Henriques Law Offices/Anita H.Singh/Janalie Henriques

151 Bernal Road Suite 8, San Jose, CA 95119


Superior Court of California, County of Santa Clara
South County Courthouse, Morgan Hill
301 Diana Avenue
Morgan Hill, CA 95037



Capital One Bank (USA), N.A.,
Capital One Bank (USA), N.A.,
vs.
MEEEEEE,
Defendant )
)
)
)
)
)
)
)
)
) Case No.: XXXXXXXX

Limited Civil

To: Capital One Bank (USA), N.A.
and (its/their) attorneys of record herein:
Hunt & Henriques Law Offices/Anita H.Singh/Janalie Henriques
151 Bernal Road Suite 8
San Jose, CA 95119

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish DEFENDANT, MEEEEEEEE , within 10 days, a Bill of Particulars setting forth all items and details of account on which the causes of action for: breach of contract, money had and received, and money lent or paid, of plaintiff’s complaint is based, including the date of each transaction, a description of services, materials or goods supplied or considerations rendered, the price or charge made for each item, all payments and credits that have been made to the account, and the contract assigning the account to the plaintiff.
Dated this Februray 22nd, 2012

MEEEEEEEEE

[helpme]

Originally Posted by Wantawin2012

one more quick question...
on the top of the pleading paper it says lawyers name and address, I'm assuming that is where I put Hunt & Henriques

Hunt & Henriques Law Offices/Anita H.Singh/Janalie Henriques

151 Bernal Road Suite 8, San Jose, CA 95119


Superior Court of California, County of Santa Clara
South County Courthouse, Morgan Hill
301 Diana Avenue
Morgan Hill, CA 95037



Capital One Bank (USA), N.A.,
Capital One Bank (USA), N.A.,
vs.
MEEEEEE,
Defendant )
)
)
)
)
)
)
)
)
) Case No.: XXXXXXXX

Limited Civil

To: Capital One Bank (USA), N.A.
and (its/their) attorneys of record herein:
Hunt & Henriques Law Offices/Anita H.Singh/Janalie Henriques
151 Bernal Road Suite 8
San Jose, CA 95119

DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish DEFENDANT, MEEEEEEEE , within 10 days, a Bill of Particulars setting forth all items and details of account on which the causes of action for: breach of contract, money had and received, and money lent or paid, of plaintiff’s complaint is based, including the date of each transaction, a description of services, materials or goods supplied or considerations rendered, the price or charge made for each item, all payments and credits that have been made to the account, and the contract assigning the account to the plaintiff.
Dated this Februray 22nd, 2012

MEEEEEEEEE

Also, make sure your send it cmrrr- certified mail return receipt requested. So you will know exactly when they received it and the clock starts ticking.

[Wantawin2012]

Filed BOP with the courthouse , did you know all documents have to be stapled and double hole punch accounting to the friendly clerk, mine wasn't. I got a copy stamped by them too.

Sent it certified today too through 3rd party proof of service. 10 days and counting...

[calawyer]

Originally Posted by Wantawin2012

Filed BOP with the courthouse , did you know all documents have to be stapled and double hole punch accounting to the friendly clerk, mine wasn't. I got a copy stamped by them too.

Sent it certified today too through 3rd party proof of service. 10 days and counting...

Just for future reference, BOPs do not need to be filed. Where the pleading said to put attorney's address at the top left, that should be your address.

BOP is still fine. You will want to wait about 20 days before you complain about no response.

[tigger]

Originally Posted by Wantawin2012

Hunt and henriques are evil

No arguments here.

[tigger]

...you might want to review.

A few threads I bookmarked during my time here:
Not sure where you are in CA, but get the rules specific to the court where you are being sued. In the meantime for CA:

Local Rules: Sacramento Superior Court

This should have the rules specific to your court:

California Courts - Rules of Court

Other helpful threads:
Going to Court in California Superior Court.

Going to Court in California Superior, Version 2

Resource Article from creditinfocenter.com
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits


Information from CA member on where to research:

Stumped? Use the Law Libraries in Los Angeles and Orange Counties!

....and some inspiration for you:

CA specific wins:

I WON!! OC TOO!! Thanks Everyone!!

Won my Second Case. Woohoo, BOP wqrks, Plaintiff lost, insufficient evidence.

Midland Dismissed Their Case Against ME - WOOHOO


WON AGAINST JDB EQUABLE ASCENThttp://www.creditinfocenter.com/forums/images/smilies/w

Midland request for dismissal (yay)

Sued by Midland Funding LLC California

In the thread above, it's coverage of DaFish's whole case, from beginning to end (he win's somewhere on page4, I think)


Not CA specific, but VERY inspirational:

Have You Successfully Defended Yourself in Court

Do not abandon all hope all ye who enter here

I WON! Went to trial and I won!

THEY QUIT! Dismissed WITH Prejudice!!!

We have a winner!

Is this board awesome or what??

Hope you find these helpful!

The inspirational ones are great for those times, when you will ask yourself if you're insane to take this on w/out an attorney, curse the day you were served a summons(and answered the door), and all that jazz.
Reading of others wins, improved credit, home purchases, etc. got me through the tough times to our win almost three weeks ago.

[tigger]

...check your local library for the NOLO guide:

Win Your Lawsuit: Sue in California Superior Court Without a Lawyer by Judge Roderic Duncan

I found this to be an invaluable resource during the course of our lawsuit. There were times when I'd come here to pose a question, and maybe no one w/California specific knowledge was readily accessibly. Having this book saved me from many late night panick attacks.

We got ours at a discount at Borders (when they were still open--sigh)...But have seen them at Barnes and Noble books on-line, for discounted rates.

Hang in there, you'll get through this. As you can see from the posts I provided above (and many more archived on this site)...others have and you can, too!

[Wantawin2012]

Ok, so since I send the Bill of particulars I recieved 2 packages.
1. An incomplete stack of statements not from a zero balance ( 2 weeks ago)
2.A package from a lady with an address in Virginia and says Hunt & Henriques can folow up for her.
At the top is says
"DECLARATION OF PLAINTIFF IN LIEU OF PERSONAL TESTIMONY AT TRIAL (CCP 98)
At the back of the package their is a document that says:
ORDER THAT COPIES BE ACCEPTED IN LIEU OF ORIGINALS
1. Plaintiff requests that Exhibit A be acepted in lieu of original account agreement
2. Plaintiff requests that Exhibit B be accepted in lieu of original account statements.

How do I stop those requests? What do I have to file at the court and how do I make that lady show up in court???
Please help
)))

[KentWA]

You are going to want to serve her for appearance 20 days before court at the address listed for service (which must be within 150 miles of the courthouse). Then when you can not serve her (big surprise) everything associated with her declaration is out the window.

[rikkivs]

KentWA is absolutely right; once you cannot serve the affiant on the declaration their so called testimony is rendered moot. You have to do it a certain way to minimize your costs. One attorney drafts motions to challenge the CCP 98 declarations by using the language of the law and tries to get them them thrown out if the affiant is over 150 miles away. Some judges, who want to judge a case on the merits may require another reason to throw declaration away. In that case, you ought to prepare a Notice to Appear so that you can force that affiant to show up at trial and if they don't then you win automatically because the Notice requires someone to show up in person. So I think you may want to attack it using both strategies to maximise your probability of winning. Good luck!