I've been sued by Midland in California. The Complaint is for the typical Account Stated and Open Book Account claims. I've confirmed they are within the SOL for Delaware and California. They provided a statement showing a last payment and balance, and another statement with the balance as of August 2016 (the last statement reflects a closed account and zero available balance). They provided two general unsigned cc agreements. I don't recall ever signing or receiving an agreement. I filed my general denial/Answer. I have served them with a Demand for Particulars for the Open Book Account claim. They have not responded. I am in the process of drafting a Meet and Confer letter. I intend to propound Form Interrogatories, Request for Production of Documents, and Request for Admissions to address the Stated Account Claim. Am I right in thinking that if they do not answer my Meet and Confer letter with the documents I requested via the BOP or discovery requests, that I can file a Motion to Compel further responses addressing both the Stated and Open Book account claims?
Does anyone here have a sample Motion to Compel for the Bill of Particulars?
Lastly, I also keep reading about submitting some sort of Affidavit stating I never received the statements or agreement, or recall the account. Does that apply to California? It may have been for a person who was sued in another state but I can't recall.
If there is an attorney out there that can lend some guidance in fighting these people off, I would appreciate it. I have some legal background, so I think I can do this on my own. However, having someone confirm that I'm on the right track would be helpful!