Trial Date comming up October of next month, should I contact attorney

[ADSOFT]

I have a trial date set up for next month.

Briefly, I was served, but they failed to place an account number on the compaint. I answered and denied everything. They requested information in discovery, but I failed to respond in 30 days and in the extention they gave me. Since no account was specified I answered to Motion to Compel with the help of a lawyer. The court sanctioned me $280, and court date was set for October.

I was going to file a Motion for Bill of Particulars, but I never did, because it seemed very complicated and my back/neck go out of control.

It turns out that filing a Bill of Particulars is really a no brainer. Actually you don't even have to file one, just contact the attorney for proof(ADMIN's first step after answering the complaint). So I basically confused my self and let time slip.

At this point trial in about 3 weeks away and it might be too late to file for a Bill of Particulars, ... but maybe not, since you are supposed to respond to the BOP in 10 days.

I have three options:

1) Contact the attorney for evidence, settle if they have proper evidence, but if they are talking about the account I think they are, then I think I got them on SOL since they raised my interest rate without proper cause and it was over 4yrs from the date they filed (my defense).

2) File the BOP

3) Take my chances at trial and deny their evidence and

a)argue they didn't raise my rate legally and breached before my last payment.

ask for arbitration.

... keep in mind that at this point they have not even stated an account number, so I don't even know what account they are talking about, but I suspect I know which account.

I think I should contact the attorney and ask them to supply

1) Account #

2) How they came up with the a amount

3) Proof they own the bill.

What do you guys think? ... if the Trial date is less than 30 days away can I still file a BOP?

[Massive]

Who's the Plaintiff?

[FL4answer58]

I agree...1) Contact the attorney for evidence, then move forward

2) File the BOP, - can do anyways if not time bared.

3) Take my chances - No, your posts don't strike me as the type of individual who takes unnecessary or loose 'chances'.

And A & B will remain open options to you anyways.

a) argue - my rate and breached before last payment. SOL

ask for arbitration.

It does make a difference on who you’re up against...

My sympathies on back and neck pain – had surgery a few years back for mine. Hope you feel better,

Edited September 20, 2010 by FL4answer58

[ADSOFT]

Who's the Plaintiff?

Atlantic Finance, claim they bought a debt from HSBC.

I don't have the junk debt buyers exact name but I will post it when I get home.

[ADSOFT]

I agree...1) Contact the attorney for evidence, then move forward

2) File the BOP, - can do anyways if not time bared.

3) Take my chances - No, your posts don't strike me as the type of individual who takes unnecessary or loose 'chances'.

And A & B will remain open options to you anyways.

a) argue - my rate and breached before last payment. SOL

ask for arbitration.

It does make a difference on who you’re up against...

My sympathies on back and neck pain – had surgery a few years back for mine. Hope you feel better,

Can I just contact them by phone or does it have to be in writing.

[FL4answer58]

Can I just contact them by phone or does it have to be in writing.

I'd always opt for a document over phone - some recordings are inadmissable.

If evidence - stamp by court - send a copy, fax and certify.