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  1. Good morning everyone! I would really appreciate help on this UNLIMITED CASE in California! THANK YOU so much, beforehand!! Here is the info on my case: -------------- 1. Who is the named plaintiff in the suit? ABSOLUTE RESOLUTIONS INVESTMENTS, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) MANDARICH LAW GROUP, LLP 420 N. Wabash Ave, Suite 400 Chicago, IL 60611 3. How much are you being sued for? 25k and change 4. Who is the original creditor? (if not the Plaintiff) US BANK NATIONAL
  2. I initiated arbitration in PRA agreed, providing a document which turned into a court order. That is attached here. I filed with the court and provided a case number from AAA. The answer for the bill of particulars is due on March 28th. Should I answer it or file a new motion to dismiss improper venue/compel arbitration instead of an answer? I'm not sure if participating in this litigation would void the arbitration clause. Case is in Virginia.
  3. One last question re bill of particulars. I've read everything I can find on it here in the forum, but still have a question. I'm serving it with a proof of service. Do I: 1) send original pos to plaintiff or a copy of the pos to plaintiff; 2) send original demand for bill of particulars or a copy to the plaintiff? Thank you.
  4. I'm (Defendant) being sued by the Plaintiff, the law firm my credit union hired, for an unsecured credit card debt around 25K in the State of Virginia. Plaintiff submitted Bill of Particulars with documentation: 1. Plaintiff is a federal credit union 2. Defendant is a natural person located at the above address 3. Defendant is indebted to the Plaintiff by virtue of failing to honor their payment obligations on a credit agreement, as is evidenced by the attached account statements. See copies off transaction summary, account application, account statement and terms and conditions at
  5. Hey all Started new topic as my last post from a couple days back didn't get any replies. Could y'all check out my new ? at: http://www.creditinfocenter.com/community/topic/322787-notice-to-admit/ In summation, I am wondering about the ability to send a BOP and interrogs in NY. Since I hadn't heard anything and this is time-sensitive, I resent them my BOP (which they had returned to me, citing a rule which has to do with not being allowed to send a BOP and interrogs in NY, and I'd already sent interrogs), but changed the language from Bill of Particulars to Supplemental Interrogatories. An
  6. Background: UNIFUND filed a suit in Jan 2013 against me. They sent their Discovery Nov 20, 2013. I have a few days left to send off my responses. Status IS: 1. BOP sent (11-4-13) They ignored all requests but sent 4 statements. ( What is the recourse? Does Judge really even care?) 3. Plaintiff's RFD asked me for exactly what I asked from them in the BOP. 4. Plaintiff's RFA's I have seen no proof they have anything tying me to this account, but don't want to deny everything if they somehow do. Should I be more ambiguous with denials? Their lawyers have shown me zip
  7. Sent the below the Bill Of Particulars in California: Background: Verified complaint from Unifund in California Kenosian & Miele Served 9 months after the complaint was filed. I answered. DEMAND FOR BILL OF PARTICULARS To PLAINTIFF UNIFUND, CCR, LLP, and its attorneys of record herein: DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure section 454, to furnish to the Defendant ­­­­­­­­­­­­­­­­­­­­________________within 10 days, a Bill of Particulars setting forth the following items and details of the alleged account. Defendant requests the
  8. A bit of history July 5- BOP sent....failed to respond to BOP July 30- meet/confer letter sent...responded with only 3 mos worth of statements. August 13- 2nd meet/confer letter sent...no response here is what Ive come up with using samples here on this forum. Please review..and critique..thanks DISCOVER BANK, Plaintiff, vs. Defendant ) NOTICE OF MOTION AND MOTION TO COMPEL BILL OF PARTICULARS DATE: TIME: DEPT: TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on or as soon thereafter as may be heard in Department xx of the above-entitled court, located at , defendant
  9. Have been poring over the site for several days, yet can't seem to find the answer to this. Am being sued for Breach of Contract and Common Counts in California. Currently preparing a demand for BoP using this sample found in another thread. It was noted that the following text areas are intended to be edited as fitting: [goods sold and delivered] [money had and received] [money lent or paid] [quantum meruit]. My question: is retaining only "goods sold and delivered" sufficient for my the demand ("setting forth all items and details of the account on which the cause of action for goods sold
  10. Need advice on best way to beat or discredit an Affidavit or Declaration from a creditor in an unlimited jurisdiction case. I am currently in the discovery phase of California unlimited jurisdiction case (over $25,000) against an original creditor. I have beat lawsuits by original creditors and junk debt buyers in limited jurisdiction cases before, but this is my first unlimited case. After doing quite a bit of research on this website and others across the internet, I have found it very difficult to get information on which California codes (CCP) apply to limited vs unlimited jurisdiction cas
  11. Hello, I’m preparing responses to plaintiff T**g*t NatBk’s discovery and need feedback on whether I’m offering my head on a platter, or triggering a motion to compel with sanctions. I had some help from legal aid and they were concerned that my responses should have as much statutory wording as possible. They said if the other side decides to push back, they could file a motion to compel with sanctions. I’ve never seen this happen in the seven years’ worth of timelines on the court website, but perhaps there could always be a first time. Actually, the case has been ordered to arbitration bu
  12. I saw another post similar to this but I could not find an answer as the topic never was updated with results. So yesterday i receive a call from a gal working at the law group, she verified some information (ie, my name and address) then proceeded to ask if i would like to settle this matter out of court. I mentioned that i sent an answer to summons and also a demand for BOP last week that i was waiting for a response in writing before i would proceed any further, after putting me on hold for 3-4 minutes to "check on the papers" she returned and quickly got off the phone and left with, g
  13. I’m being sued by Portfolio Recovery Associates in California. Thank you to all the people on this forum. Everything has been really helpful so far. I plan to post copies of my summons, answer, etc. next for review in case it makes it easier for some. 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $4,000+ 4. Who is the original creditor? (if not the Plaintiff) HSBC BANK NEVADA, N.A. 5. How do
  14. There are many differences between a Bill of Particulars (BOP) and written discovery in California but one important one is often ignored: the motion to compel. Because this makes a real difference to debt collection defendants and they often don’t understand it until it is too late, I thought it would be useful to start this post. Frequently, any discovery you serve on the plaintiff will be met by objections. To get adequate responses you will need to file a motion to compel. There are two major differences between a motion to compel a BOP and a motion to compel written discovery: deadlin
  15. I got a response from Plaintiff's Counsel denying my BOP demand on the following grounds: OBJECTION: A BIll of Particulars is not appropriate in an action alleging an "account stated" since the items upon which an account is based are deemed merged and there is nothing left to itemize (See Ahlbin v. Crescent Commercial Corp. (1950) 100 Cal.App.2d 646, 648). Accordingly, Plaintiff is not required to respond to Defendant's demand. (See Distenfano v Hall (1963) 218 Cal .App. 2d 657, 677). OBJECTION: In addition, a bill of particulars is "not applicable to a contract or a promisory note which
  16. I have heard that a bill of particulars must be filed 7 days prior to a court case in virginia but I cannot find that in writing anywhere. If anybody knows, I could use some help. Thanks
  17. Hello Everyone, I would like to get some help with my situation. I had an account with c1 that I fell behind on. I then started a payment arrangement with them monthly payments at 0% interest. The payments were being drawn from my account. I contacted them after a few months and told them I could no longer keep making payment. Needless to say they drew next months payment from my account. I went to my bank and had to put a stop payment on all further check. Idk what I was thinking. Thankfully I found this site. I have been trying to fight collection efforts from LRLO. 2/20/12I received co
  18. Hi everyone! I was recently sent a complaint by Greater California Financial Services aka GCFS, Inc. after viewing some of your posts here, I was able to submit an "Answer" just days ago ( on the 30 day mark). As a newbie, I am looking for guidance and direction for each step that I must take to win this case! Ive been reading the threads for the last few nights and my eyes are ready to burst! What I would like to know is what is the exact protocol that follows the filing of my "Answer" to the complaint. I have read about Discovery and a Bill of Particulars etc. If someone can point me in th
  19. *Adding 1/3/2013 Case Dismissed w/o Prejudice. All docs sent to Plaintiff posted at the end of my thread, but feel free to read through the drama of getting to that dismissal, ups & downs included for your enjoyment! ReadytoWininCA (I did win & you can too!)* Good luck! Hi all, I'm new here obviously & just want to say that this forum is awesome! I want to thank all of the newbies that come for help & all of the regulars who are so excellent about helping us. I've learned so much & know for sure I'm on the right track after so many hours of reading. But of course, some of
  20. I. Introduction The case at issue is governed by state and federal statutes in the area of fair debt collection practices, unfair business practices B&P code 17200, and fair credit reporting. Plaintiffs have violated a number of these statutes in the course of these proceedings. 1. The complaint at issue is filled with unsupported claims, hearsay, and inaccuracies. 2. Defendant has answered the complaint after uncompleted substituted service. The answer has several valid affirmative defenses. 3. Defendant has never entered into an agreement with the plaintiffs. 4. The plaintiffs have
  21. In suit with Asset Acceptance. Court date for early December. Plaintiff claims both open book and account stated as well as other claim of unjust enrichment. We request BOP and they sent a single line billing statement from after account was closed. Filed motion to compel. Here is the relevant portion of Plaintiff's Opposition to Motion: "However, Defendant's analysis is misdirected because this litigation not only alleges liability based on a common counts cause of action for an open book account; but also, on a common counts cause of action of an account stated. The terms "book account
  22. Hi everyone, I was sued by a JDB earlier this year, and I'm currently involved in an ongoing case. This site was a real treasure trove of information, and I really appreciate everyone helping the entire community out. 1. Who is the named plaintiff in the suit? CAVALRY SPV I, LLC 2. What is the name of the law firm handling the suit? Winn Law Group 3. How much are you being sued for? Just barely over $2,000 Limited Civil 4. Who is the original creditor? Bank of America 5. How do you know you are being sued? Served 6. How were you served? Papers were left with my parents at my old address. 7. Wa
  23. I sent my request for Bill of Particulars and they sent me the letter below: Regarding the Bill of Particulars you have requested, pursuant to CCP 454: A demand for bill of particulars may be served on the plaintiff only in an action on "an account." As stated in the Code: " It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof..." A bill of particulars is not appropriate in an action on an account state
  24. Hello! I'm a newbie here and grateful of finding this forum. I'm copying and pasting from another post similar to my case and changing the items specific to my case: 1. Who is the named plaintiff in the suit? PORTFOLIO RECOVERY ASSOCIATES 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HUNT & HENRIQUES, Attorneys at Law 3. How much are you being sued for? $6,000 4. Who is the original creditor? (if not the Plaintiff) US BANK 5. How do you know you are being sued? (You were served, right?) Yes, served. 6. How were you serv
  25. Update: I am trying to put together meet and confer letter but don't know what do put. Any help from you knowledgeable ones is appreciated. They did not include all statements and payments, only couples prior to the date that lrlo claimed defendant stop or failed to pay; 11/2010 to 8/2011. Payment stopped on around march 2011. The date they claimed that defendant failed to pay was incorrect also. I demanded the contract in my BoP but still no contract attached. I found couple exemplars of meet and confer, but most of the cases lrlo did not respond. How should I put together a meet and confer