Meli Posted April 10, 2012 Report Share Posted April 10, 2012 I successfully rescheduled my mandatory settlement conference to later in April due to a schedule conflict but now I am in desperate need on how to prepare/proceed.I am being sued for both breach of contract and account stated. I requested the BOP 2x but all I got back was a blank page with a few lines detailing the amount owed. I was under the impression that I shoudn't push them for more evidence to fight breach of contract as this will look shoddy to the judge anyway.My biggest concern is attacking Account Stated. How do I fight them on this?Thanks in advance! Link to comment Share on other sites More sharing options...
debtorshusband Posted April 10, 2012 Report Share Posted April 10, 2012 (edited) A JDB should never prevail on the theory of Account Stated because there was never a business relationship between the parties, that is, them and you.Here's a link to an old thread where I posted some stuff. Hope it helps.http://www.creditinfocenter.com/forums/there-lawyer-house/293550-account-stated-ca-can-you-really-attack.htmlHowever, I'm not sure the settlement conference is the time or place to make these arguments. I never had to go through one of these in my (wife's) case, but I suspect at the settlement conference they're going to want you to agree to a settlement, and you refuse saying you are contesting their claims, and that's the end of it. But I may be wrong.Oh, and Breach of Contract? I think they have to produce a contract.Regard,DH Edited April 10, 2012 by debtorshusband Link to comment Share on other sites More sharing options...
1stStep Posted April 10, 2012 Report Share Posted April 10, 2012 They would need to respond to a BOP if they are suing for breach of contract. Link to comment Share on other sites More sharing options...
Meli Posted April 13, 2012 Author Report Share Posted April 13, 2012 I will definitely check out the link - thank you so much!As far as the breach of contract complaint, they responded to my BOP (the 2nd request) and simply provided a blank white page with a few lines. On it is the amount of the debt, the amount they'll want compensated (court fees), and then the total amount.That is all I got.They provided nothing on the breach of contract charge but what else should I be doing to prepare my case?Thanks! Link to comment Share on other sites More sharing options...
1stStep Posted April 13, 2012 Report Share Posted April 13, 2012 Their BOP response is not sufficient...you will need to send a meet and confer regarding the insufficient response...and be ready to file a motion to preclude their "evidence." Link to comment Share on other sites More sharing options...
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