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Can I counter offer Legal Recovery Law Offices offer during lawsuit?


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Currently I am in a lawsuit with Legal Recovery Law Offices (for Capital One). Last week, LRLO sent me a offer w/stipulation for payment arrangements. However, I originally owed Cap One $5600. LRLO is suing and offering for me to pay on $7200 (w/a 26% interest rate). If I donot agree with this offer, can I send them a counter offer? If so, would I send the offer on court pleading paper? Like, how would I go about drafting a counter offer?

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Currently I am in a lawsuit with Legal Recovery Law Offices (for Capital One). Last week, LRLO sent me a offer w/stipulation for payment arrangements. However, I originally owed Cap One $5600. LRLO is suing and offering for me to pay on $7200 (w/a 26% interest rate). If I donot agree with this offer, can I send them a counter offer? If so, would I send the offer on court pleading paper? Like, how would I go about drafting a counter offer?

Yes, you can make offers and counter offers to settle during the lawsuit and those discussions cannot be entered into evidence at trial. I would just draft a written counter offer and send it to them. Doesn't need to be in a pleading - this isn't court. How much are they suing you for? If their settle ment offer is higher, and the interest rate is different, they could trip trip themselves up. Other people know more about that part than I.

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Yes, I filed an Answer. We have court date scheduled in March. I did not send a BOP. Should I send this with my counter offer?

Capital One is listed as the Plantiff, but filings are through LRLO. And the offer was signed by the attorney at LRLO.

You always want to negotiate from a position of strength. For example, send the BOP, and when they don't respond, send a meet and confer letter. If they don't produce sufficient documents, file a motion to compel and, while the motion is pending, make an offer that expires the day before the hearing.

Good luck.

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Watch the BOP, there is case law that says it does not apply to account stated. That will depend on if they used account stated or not in the complaint. See the DeStefano case, posted here many times. Some of these collection firms know about this. If you want to settle, offer them a grand. Tell them if they don't accept, you'll litigate them into the next century and then file bankruptcy. Also tell them you are collection proof. It's a bluff, but a pretty good one. Then go make yourself collection proof.

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Just to make sure I do this correctly, I "can" send a BOP on Breach Of Contract. I found example wording for BOP which is:

TO PLAINTIFF, _______________________ AND THEIR ATTORNEY OF RECORD:

DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454 to furnish to defendant _________________, within ten days hereafter, a bill of particulars setting forth the items and details of the account on which the cause of action for goods sold and delivered of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction.

How should I make this specify Breach of Contract?

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Just to make sure I do this correctly, I "can" send a BOP on Breach Of Contract. I found example wording for BOP which is:

TO PLAINTIFF, _______________________ AND THEIR ATTORNEY OF RECORD:

DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454 to furnish to defendant _________________, within ten days hereafter, a bill of particulars setting forth the items and details of the account on which the cause of action for Breach of Contract of plaintiff's complaint is based, including the date of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction.

How should I make this specify Breach of Contract?

.
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  • 2 weeks later...

**Update** BOP Response

I sent a BOP. I changed goods sold and delivered to breach of contract. I received a response today stating:

BILL OF PARTICULARS

Regarding the Bill of Particulars you have requested, pursuant to Ca Civ. Proc 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 precluded from giving evidence thereof..." A bill of particulars is not appropriate in an action on an account stated, because an account stated is deemed to merge the various items on which the earlier accounts were based: i.e., there is nothing left to itemize. [Ahlbin v. Cresent Commercial Corp. (1950) 100 Cal.App.2d 646, 648, 224 P.2d 131, 133 --plaintiff may ignore defendant's demand]

Plaintiff's complaint alleges breach of contract and account stated as causes of action. As such it is plaintiff's position Bill of Particulars is inapplicable to plaintiff's cause of action.

Okay, first thing is that the complaint stated both Breach of Contract and Causes of Action. Which is why I sent the BOP under Breach of Contract, so I am not understanding why that is not being acknowledged in their response.

Second, am I reading it write that they ignore my (defendant's demand)? According to our court system (California), I can request discovery to the plaintiff in which the plaintiff has 10 days to respond.

In addition, before I received the BOP response, I was sent Plaintiff's Request for Special Interrogatories, Production of Document and Request For Admissions. I did research and pretty much know how to answer to the request. However, I am not sure how to proceed with the BOP response. Any input would be much appreciated.

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**Update** BOP Response

I sent a BOP. I changed goods sold and delivered to breach of contract. I received a response today stating:

BILL OF PARTICULARS

Regarding the Bill of Particulars you have requested, pursuant to Ca Civ. Proc 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 precluded from giving evidence thereof..." A bill of particulars is not appropriate in an action on an account stated, because an account stated is deemed to merge the various items on which the earlier accounts were based: i.e., there is nothing left to itemize. [Ahlbin v. Cresent Commercial Corp. (1950) 100 Cal.App.2d 646, 648, 224 P.2d 131, 133 --plaintiff may ignore defendant's demand]

Plaintiff's complaint alleges breach of contract and account stated as causes of action. As such it is plaintiff's position Bill of Particulars is inapplicable to plaintiff's cause of action.

Okay, first thing is that the complaint stated both Breach of Contract and Causes of Action. Which is why I sent the BOP under Breach of Contract, so I am not understanding why that is not being acknowledged in their response.

Second, am I reading it write that they ignore my (defendant's demand)? According to our court system (California), I can request discovery to the plaintiff in which the plaintiff has 10 days to respond.

In addition, before I received the BOP response, I was sent Plaintiff's Request for Special Interrogatories, Production of Document and Request For Admissions. I did research and pretty much know how to answer to the request. However, I am not sure how to proceed with the BOP response. Any input would be much appreciated.

Read my post in this thread. You both seem to have the same law firm on the other end of your case: http://www.creditinfocenter.com/forums/there-lawyer-house/311860-why-advised-send-meet-confer-bop.html

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