xavi72

What else can be included in a Bill of Particulars?

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Besides your standard request:

Agreement and/or contract of the relevant account.

Proof the plaintiff owns the account.

List of items for which payment is being sought.

List of dates associated with each item, transaction or service.

List of charges per item, transaction or service.

Means by which the plaintiff determined amount owed and for what.

Are there any more specific items that I can request for him?

The reason I ask is that I'm helping my father fight a debt that is not his. We believe his name was attached to this account as an authorized user and not as a joint account holder but he is being sued at the moment. I've helped filing an Answer for him but we need proof of any application with his signature or any document that shows this account belongs to him.

On a side note, he never received a billing statement to his residence at all and never used any credit card from this company. Since we want to prove this to the court, the above BOP statements are not going to help us with requesting the appropriate documentation so that is why I'm wondering if we can include something else to request for specific verification or do we just ask for this separately when we do discovery?

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Is his name on the credit card? This would be a problem. Usually company credit cards have the name of the company on them. They should have sued the company, not him. You need to do some research with the bank that issued the card, find out what you can on your own. You can ask for it in discovery too, but don't hold your breath waiting for the enemy to provide you with the means of dismissal. If he is not the proper party in interest, this should be thrown out.

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In VA a Bill of Particulars is ordered by the judge per a request/motion of the defendant.

It provides the defendant with more information in detail regarding the Plaintiff's claims.

It is used in BOTH civil and criminal proceedings.

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I'm a bit confused here. A bill of particulars is a tool used in criminal cases to force a prosecutor to reveal all they have.

The debt / civil version would be a DV letter or a move under the rules of discovery for law suits.

Is there something missing here?

In California, a defendant can request a BOP if dealing with open book and money lent cases. This is the reason why I'm going to be utilizing the BOP but would really like to know if more information can be requested.

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