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1. Who is the named plaintiff in the suit?

MIDLAND FUDNING LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

ATTORNEYS FOR PLAINTIFF

THEY ARE IN HOUSE ATTORNEYS NO LAW FIRM NAME

3. How much are you being sued for?

4X00

4. Who is the original creditor? (if not the Plaintiff)

CITIBANK

5. How do you know you are being sued? (You were served, right?)

YES SUMMONS AT MY DOOR

6. How were you served? (Mail, In person, Notice on door)

IN PERSON

7. Was the service legal as required by your state?

YES

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

NONE

9. What state and county do you live in?

RIVERSIDE CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

DONT ACTUALLY REMEMBER AND COULD NOT FIND ANY RECORDS FOR IT I THINK END OF 2009 THEY STATE END OF YEAR IN 2010 ON THEIR PRINTOUT ATTACHED TO SALE AVIDAVIT

11. What is the SOL on the debt? To find out:

4 YEARS

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

REPLIED WITH BOP GOT RESPONSE SENT MEETE AND CONFER THEY RECIEVED 10/19/2012

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

NOT PRIOR TO SUMMONS DID NOT FIND THEM ON MY CREDIT REPORT UNTIL 5/2012 THEY POSTED SEVERAL TIMES

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

NO NONE WAS NOT AWARE OF THEM

15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I AM WORKING ON ADMISSION AND DOCUMENT REQUESTS FROM THEM

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

NOTHING JUST THEIR CLAIM 4 PAGES LONG

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

Edited by bravoflaca2000

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I was served on august 28th with civil claim from debt collector claiming money damages ,the underlying account is stated and prior to filing they bought account and I have used and derived from alleged account within the last 4 years and became indebted on alleged account stated in writing by and between plaintiff and defendant etc. the summon paperwork had no back up documents just their claim to money through purchase OC information is mentioned and first cause of action also (account stated)

FIRST CAUSE OF ACTION

(account stated )

Plaintiff realleges and incorporarates by referencing the forgoing paragraphs.

Within the last four years defendant became indebted on the account to plaintiff on the sum 4xxx.00 on the account stated in writing by and between Plaintiff and Defendant in which it was agreed that defendat was indebted to plaintiff .

Plaintiff has made demand on defendant for repayment of the account stated but defendant has failed and refused to pay the balance due

As of the date of the compaint there is due owing the upaid the sum

of 4xxx.00 and addititional interest on the amount of 654.50. Interest has acrued and will continue to accrue on the unpaind sum of 4xxx.00 at interest rate of 10% per annum starting on december 14,2010.

I ran my credit report and saw alot of the postings are by this debt colector and they had put all dated 5/2012 and they ran my credit in 6/2012. Began to dispute all of them sending certified validation to each posting this week .

I recieved letter or reply to BOP on 10/2012 with 3 letters they allegedly mailed to me 1 on 4/2012 , 1 on 6/2012 , 1 on 8/2012 last one is lawsuit has been placed , one account statement thats 11/2010 , bill of sale and assignment, certificate of conformity , affidavit of sale of account by OC the last one states expires 4/2012, also a verification as to responses stating a name of an employee and that he is employed as a paralegal for debt collector and has read the foregoing PLAINTIFF response (DEBT COLLECTOR NAME) to defendant for bill of particulars and know the contents there of , based on my review of the bsuiness records etc.

i attached my answer to complaint

post-93494-135461082228_thumb.jpg

post-93494-135461082253_thumb.jpg

Edited by bravoflaca2000

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I was served on august 28th with civil claim from debt collector claiming money damages ,the underlying account is stated and prior to filing they bought account and I have used and derived from alleged account within the last 4 years and became indebted on alleged account stated in writing by and between plaintiff and defendant etc. the summon paperwork had no back up documents just their claim to money through purchase OC information is mentioned and first cause of action also (account stated)

I asked for help and a coworker reffered me to friend who is legal aid , she helped me to send BOP so i did and then she helped type up answer to complaint in which i denied all of complaint and listed some affirmative defenses . I filed answer and have mandatory settlement conference next year.

I ran my credit report and saw alot of the postings are by this debt colector and they had put all dated 5/2012 and they ran my credit in 6/2012. Began to dispute all of them sending certified validation to each posting this week .

I recieved letter or reply to BOP on 10/2012 with 3 letters they allegedly mailed to me 1 on 4/2012 , 1 on 6/2012 , 1 on 8/2012 last one is lawsuit has been placed , one account statement thats 11/2010 , bill of sale and assignment, certificate of conformity , affidavit of sale of account by OC the last one states expires 4/2012, also a verification as to responses stating a name of an employee and that he is employed as a paralegal for debt collector and has read the foregoing PLAINTIFF response (DEBT COLLECTOR NAME) to defendant myra bravo for bill of particulars and know the contents there of , based on my review of the bsuiness records etc.

i attached my answer to complaint

Midland only sent you one statement. That is not enough. Send the letter set forth below. You are entitled to every statement from the time the account was opened until you allegedly defaulted.

Dear ____

On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient.

Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit.

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

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Please see below meet and confer letter for answer sent by plaintiff to BOP

does anyone have any suggestions or would this be ok to send certified ?

defendants name and information

xxxxxx

xxxxxx

Dear MIDLAND FUNDING

On 09/xx2012 Defendant served its request for a Bill of Particulars on Plaintiff.

Pursuant to CCP section 454, Plaintiff has ten days to respond or it will

"be precluded from giving evidence thereof."

As described below, plaintiffs’ response is entirely deficient.

Plaintiff has not provided an itemization of the account showing all charges

and credits thereto. It has not provided the underlying contract referred to

in the complaint. Such basic information is required to prove plaintiff’s claim.

Plaintiff should have such information readily at hand. If not, it is difficult

to understand how plaintiff acquired a good faith basis to file the lawsuit.

Please serve a full response on or before 10/24/2012. If Plaintiff fails to

do so, Defendant will move the Court for an order requiring a further response or,

in the alternative, an order precluding Plaintiff from offering any such

evidence at trial.

  • Like 1

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Please see below meet and confer letter for answer sent by plaintiff to BOP

does anyone have any suggestions or would this be ok to send certified ?

defendants name and information

xxxxxx

xxxxxx

Dear MIDLAND FUNDING

On 09/xx2012 Defendant served its request for a Bill of Particulars on Plaintiff.

Pursuant to CCP section 454, Plaintiff has ten days to respond or it will

"be precluded from giving evidence thereof."

As described below, plaintiffs’ response is entirely deficient.

Plaintiff has not provided an itemization of the account showing all charges

and credits thereto. It has not provided the underlying contract referred to

in the complaint. Such basic information is required to prove plaintiff’s claim.

Plaintiff should have such information readily at hand. If not, it is difficult

to understand how plaintiff acquired a good faith basis to file the lawsuit.

Please serve a full response on or before 10/24/2012. If Plaintiff fails to

do so, Defendant will move the Court for an order requiring a further response or,

in the alternative, an order precluding Plaintiff from offering any such

evidence at trial.

Looks good. To be clear, you are sending it to plaintiff's lawyer.

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i sent meet and confer letter , but i recieved three sets of docs from them at the same time , to say the least i am having trouble sleeping wake up in cold sweats and stay online all night trying to learn

one states

PLAINTIFFS DEMANDS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT

they mention c.c.p 2031.010 they give me definitions and ask for all the documents they want me to produce 9 total all related to alleged account with alleged o.c. information , I have 35 days it states to reply

second one states

PLAINTIFFS REQUEST FOR ADMISSIONS TO DEFENDANT

they mention c.c.p 2033.010, there is 12 requests for admission off alleged account he gives definitions and instructions all asking for production of documents for the allged account

shows exibit a letter allgedly recieved by me from them for the pre legal notification

third one states

PLAINTIFFS SPECIAL INTERROGATORIES TO DEFENDANT

they mention c.c.p 2030.010 there is 6 first three are about my personal information address names employers etc 2 are about ever reporting to alleged o.c., not my account or fraud , to state in detail facts upon which you base your contention that you are not responsible for the damages plaintiff claims in this action

i know i am being a pain in your asses but i just want some one who knows to assure me and alot of people like you have sent me so much i just need to know i am on the right track i am posting this and starting to get the hang of what everyone told me when i first started posting and hope that this helps others in the silly details that elude me until i do hours of reading , i am starting to look up my answers to this paperwork and will post step by step in hope that i may get input and help others too

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One of the things they try to do is scare you, threaten you, call you at all hours (do not answer the phone when they call) Tell them to only communicate by us mail. Make sure you always send your mail CMRRR to any of them, get the green card back.

Don't let them get to you. Stay calm, and you will get through all this. We will help you to make it, just follow our advice. If it's under 10K you might be able to run them off

by electing arb and using either jams or AAA if it's available to you.

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I am researching the arbs and jams not sure what these are yet but do i still have to file answers to the three set of documents i mentioned they sent before recieving meet and confer letter asking for more docs since what they sent was insuffiecient .

I am having trouble answering all the things they sent

on the PLAINTIFFS DEMAND FOR PRODUCTION OF DOCUMENTS TO DEFENDANT all the questions are kinda same sample

ANY AND ALL DOCUMENTS THAT REFER OR RELATE TO CREDIT CARD ISSUED TO YOU BY (CITIBANK)?

it goes on like that but changes like them asking for statements or payments

so far i have answer below for all of these i didnt get too far any suggestions greatly appreciated .

Defendant objects to this request on the grounds that Request for Production No, 1 as phrased is argumentative and is objectionable as to form. It requires the adoption of an assumption, which is improper, as “any and all documents that refer to ” is assumptive, and assumes facts that may not be true or facts that may not be in evidence, but requires the answer adopt the assumption.

Defendant objects to this request because the information sought, if indeed it exists, is equally available to propounding party (CCP 2030.220 © and Alpine Mutual Water Co. v. Superior Court (1968) 259 Cal.App.2d 45 [66 Cal.Rptr. 250]

Subject to and without waiving said objections, Defendant responds as follows: Defendant is unable to produce any documents responsive to this request. A diligent search and reasonable inquiry has been made in an effort to locate items responsive to this request, however, a diligent search reveals no existence of any written or oral contract, and Defendant has been unable to locate any documentation related to or referencing the alleged account stated in writing by and between plaintiff and defendant . Based on the foregoing, Defendant must deny.

Edited by bravoflaca2000

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You are in a good position because plaintiff has refused to respond fully to your BOP. Consider something like this for each request that asks you anything about the account. You may have to tweak it a bit for your own situation depending on the documents you actually received:

Plaintiff's complaint is utterly devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a BOP setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, all credits that were made to the account.....(etc). Although the code requires the plaintiff to respond in 10 days, plaintiff failed to fully respond. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this [interrogatory]. Defendant reserves the right to supplement her answer to this [interrogatory] after plaintiff complies with its obligations under the Code.

The following post will help:

http://www.creditinfocenter.com/forums/there-lawyer-house/307271-help-answering-discovery-stay-home-mom-sued-cach-llc-california.html

Remember, if plaintiff doesn't like the responses you send, they have to send you a meet and confer letter before filing a motion to compel. You can look at that letter and decide if you want to give more information or see if plaintiff will actually file the motion.

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DEFENDANTS RESPONSE TO PLAINTIFFS ADMISSIONS SET NO.1

Pursuant to Code of Civil Procedure Section 2033.210 et seq., defendant "name" (“Responding Party”) does hereby respond to the Request for Admissions, propounded by plaintiff, above-named, as follows:

Request for Admissions #1:

Admit that you applied for the account.

Response to Request for Admissions #1:

Defendant objects to plaintiff's use of the word "account" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based , original account application,credit disclosures,Including the dates of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge for each such item or transaction.Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account , and payments made thereto. Without such information, defendant is unable to provide the information sought in this admission Request. Without waiving the foregoing objection, Defendant responds as follows:

DENIED

Request for Admissions #2:

Admit that you used the ACCOUNT.

Response to Request for Admissions #2:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #3:

Admit that you recieved monthly billing statements from CITIBANK(SOUTH DAKOTA), N.A. or its predecessor in interest that related to the transactions made .

Response to Request for Admissions #3:

Defendant objects to plaintiff's use of the word "transactions made" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based, original account application,Credit disclosures, including the dates of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge for each such item or transaction. Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account, and payments made thereto. Without such information, defendant is unable to provide the information sought in this admission Request.Without waiving the foregoing objection, Defendant responds as follows: DENIED

Request for Admissions #4:

Admit that you made payments on the account .

Response to Request for Admissions #4:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #5:

Admit that you owed $xxxx.xx on the ACCOUNT at the time the complaint in this action was filed .

Response to Request for Admissions #5:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #6:

Admit you have not repaid the $xxxx.xx due on the ACCOUNT.

Response to Request for Admissions #6:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #7:

Admit that the date of your last payment on the ACCOUNT was December 14,2010.

Response to Request for Admissions #7:

DENIED. Defendant has answered this in request for admission #1 see response for detail.

Request for Admissions #8:

Admit that you recieved the Notice of New Ownership and Pre-Legal Review from Plaintiff, Midland Funding LLC.

Response to Request for Admissions #8:

DENIED .That any alleged notice of new ownership was received by defendant for alleged account from Plaintiff, Midland Funding LLC.

Request for Admissions #9:

Admit that you did not dispute the ownership of the account by Plaintiff Midland Funding LLC.

Response to Request for Admissions #9:

DENIED .Defendant has already denied receipt of this notice and therefore this question is improper.

Request for Admissions #10:

Admit the Notice of New Ownership and Pre-Legal Review attached hereto as“Exihibit A” is a true and correct copy of the letter you recieved from Plaintiff Midland Funding LLC.

Response to Request for Admissions #10:

DENIED .Defendant has already denied receipt of this notice and therefore this question is improper therefore defendant is unable to admit this is true and correct copy.

Request for Admissions #11:

Admit that you did not dispute the accuracy of the Notice of New Ownership and Pre-Legal Review letter attached hereto as“Exihibit A” that you recieved from Plaintiff Midland Funding LLC.

Response to Request for Admissions #11:

DENIED .Defendant has already denied receipt of this notice and therefore this question is improper.

Response to Request for Admissions #12:

Admit that you owe Plaintiff Midland Funding LLC $XXXX.XX

Response to Request for Admissions #12:

DENIED Defendant owes Mildand Funding LLC nothing.

Edited by bravoflaca2000
DEFENDANT ANSWER TO PLAINTIFFS REQUEST FOR ADMISSION ,SET NO.ONE

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o PLAINTIFF and attorneys there of ,

Here now comes defendat to answer to your request received XX/XX/XX

PLAINTIFF'S DEMANDS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT SET.NO ONE

Defendant responds as follows:

1. Any and all DOCUMENTS that REFER or RELATE to credit cards issued to you by CITIBANK(SOUTH DAKOTA),N.A.

Defendant has no such documents for alleged credit cards issued by CITIBANK (SOUTH DAKOTA) N.A., in her possession custody, or control as discovery is still in progress and not complete. Defendant reserves the right to amend her responses per the rules of civil procedure if such documents become available.

2. Any and All DOCUMENTS that REFER or RELATE to a credit card assigned by CITIBANK(SOUTH DAKOTA),N.A. bearing account number XXXXXXXXXXXX,

from January XX, XXXX to XX/XX/XXXX.

Defendant objects to plaintiff's use of the word "account" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based, original account application, credit disclosures,

Including the dates of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge for each such item or transaction. Although the code requires the plaintiff to respond in 10 days, plaintiff failed to fully respond. Without such information, defendant is unable even to identify the debt alleged in the complaint, much less provide the information requested in this document demand. Defendant reserves the right to supplement her answer to this document demand after plaintiff complies with its obligations under the Code.

.

3. Any and All DOCUMENTS that REFER or RELATE to transactions initiated by you on a credit card assigned by CITIBANK(SOUTH DAKOTA),N.A. bearing

account number XXXXXXXXXXXXXX, from January XX, XXXX to XX/XX/XXXX.

Defendant has answered this in demand for production of documents #2 see response for detail

4. Any and All DOCUMENTS that REFER OR RELATE to payments made by you to CITIBANK(SOUTH DAKOTA),N.A. that were to be applied to the outstanding balance on a CITIBANK(SOUTH DAKOTA),N.A. credit card.

Defendant has no such documents for alleged payments made to CITIBANK (SOUTH DAKOTA) N.A. that were to be allegedly applied to an alleged outstanding balance on an alleged credit card in her possession custody, or control as discovery is still in progress and not complete. Defendant reserves the right to amend her responses per the rules of civil procedure if such documents become available.

5. Any and All DOCUMENTS that REFER OR RELATE to correspondence sent by You to CITIBANK(SOUTH DAKOTA),N.A. from January XX, XXXX to XX/XX/XXXX.

Defendant has no such documents for alleged correspondence sent to CITIBANK (SOUTH DAKOTA) N.A from alleged dates 20xx to 10/xx/2010 in her possession, custody or control as discovery is still in progress and not complete. Defendant reserves the right to amend her responses per the rules of civil procedure if such documents become available..

6. Any and All DOCUMENTS that REFER OR RELATE to correspondence received by you from CITIBANK(SOUTH DAKOTA),N.A. that refererenced credit

card number XXXXXXXXXXXXXX.

Defendant has answered this in demand for production of documents #2 see response for detail

.

7. Any and All DOCUMENTS that REFER OR RELATE to telephone calls made by You to Midland Credit Management, Inc.

Defendant does not remember initiating any alleged calls to Midland Credit Management. Defendant has no such documents in her possession, custody or control.

8. Any and All DOCUMENTS that REFER OR RELATE to telephone calls received by you from Midland Credit Management, Inc.

Defendant does not remember receiving any alleged telephone calls from Midland Credit Management, Inc. Defendant has no such documents in her possession, custody or control.

9. Any and All DOCUMENTS that REFER OR RELATE to correspondence received by You from Midland Credit Management, Inc.

Defedant has no such documents. Other than documents already provided by plaintiff 09/25/12, and documents created by the plaintiff , which the Plaintiff already should have in their possession, To the best of the Defendant's memory, and without any proof provided, Defendant does not have any such correspondence .

VERIFICATION

I am defendant in the above casue of action.I have read the first set of demands for production of documents propounded to me by Midland Funding LLC, and my response to the plaintiffs requests are true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct

Edited by bravoflaca2000

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REQUEST FOR SPECIAL INTERROGATORIES SET NO 1

(defendant name) the defendant in the above cause, responds as follows to the first set of Requests for Special Interrogatories of plaintiff Midland Funding LLc

SPECIAL INTERROGATORY NO.1

State each name by which you have been known in the last six years.

(defendant name)

SPECIAL INTERROGATORY NO.2

State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

Defendant objects on the ground that this interrogatory is overbroad and burdensome. Defendant also objects on the ground that the information sought is irrelevant to any issue in this litigation and intrudes upon the privacy rights of the defendant. Without waiving these objections, defendant responds that she currently resides at the following address:

SPECIAL INTERROGATORY NO.3

State the name, address, and telephone number of each employer you have had for the past five years including the dates you worked for each employer.

Defendat objects The information sought is improper as it goes toward post judgment remedies , Which are provided for in the rules of procedure. Any attempt to contact any alleged employer of the defendant is strictly forbidden and will be met with a countersuit if attempted.

SPECIAL INTERROGATORY NO.4

Did you ever report to CITIBANK(SOUTH DAKOTA), N.A. that there was an inaccuracy in any billing statement you recieved from the CITIBANK(SOUTH DAKOTA), N.A.?

Defendant objects to plaintiff's use of the word "billing statements" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based , original account application,credit disclosures,Including the dates of each item or transaction; a description of the services, materials or goods supplied or other considerations rendered; and the price or charge for each such item or transaction.Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account , and payments made thereto. Defendant reserves the right to supplement her answer to this interrogatory should plaintiff provide a complete reponse to defendant's Bill Of Particulars.

SPECIAL INTERROGATORY NO.5

Did you ever report in writing to CITIBANK(SOUTH DAKOTA), N.A. that the ACCOUNT was opened as a result of fraudulent activity?

Defendant objects to plaintiff's use of the word "account" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the items and details of the account on which the cause of action for good sold and delivered of plaintiffs complaint is based .Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account , and payments made thereto . Defendant reserves the right to supplement her answer to this interrogatory should plaintiff provide a complete reponse to defendant's Bill Of Particulars.

SPECIAL INTERROGATORY NO.6

State in detail the facts upon you base your contention that you are not responsible , in whole or in part, for the damages plaintiff claims in this action.

Defendant objects to this interrogatory on the ground that it is vague and ambiguous in its use of the phrase "damages plaintiff claims in this action." Plaintiff's complaint does not set forth any calculation of damages and plaintiff has not responded to defendant's Bill Of Particulars setting forth, among other things, all charges and credits that were allegedly made to the account. Without such information, defendant cannot make contentions about what plaintiff claims as damages in this action. Defendant reserves the right to supplement her answer to this interrogatory should plaintiff provide a complete reponse to defendant's Bill Of Particulars.

VERIFICATION

I am defendant in the above casue of action.I have read the first set of Requests for Special Interrogatories propounded to me by ,Midland Funding LLC, and my response to the plaintiffs requests are true to the best of defendant knowledge .Defendant reserves the right to supplement her answers.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct .

xx/xx/xxxx

pro per

Edited by bravoflaca2000

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My suggestion for discovery is in post number 10 above. The reason I like that strategy is that it puts the ball back in plaintiff's court and makes it much less likely that it will file a motion to compel. Remember, these responses are not filed with the court. And, if plaintiff wants to file a motion to compel, it must write you a letter meeting and conferring first. After reading the letter you can decide to supplement your responses or see if plaintiff really goes to the effort of filing a motion to compel.

THis is how my suggested response would look for RFP #2:

Request No. 2:

Any and All DOCUMENTS that REFER or RELATE to a credit card assigned by CITIBANK(SOUTH DAKOTA),N.A. bearing account number XXXXXXXXXXXX,

from January XX, XXXX to XX/XX/XXXX.

Defendant's Response to Request No. 2:

Defendant objects to plaintiff's use of the word "account" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, all credits that were made to the account.....(etc). Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account. Without such information, defendant is unable to provide the information sought in this Request. Defendant reserves the right to supplement her answer to this Request after plaintiff complies with its obligations under the Code.

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Defendant objects to plaintiff's use of the word "account" on the ground that it is vague and ambiguous in the context of this litigation. Plaintiff's complaint is devoid of any factual information regarding the alleged debt. For that reason, defendant has asked plaintiff to respond to a Bill Of Particulars setting forth the contract referred to in the complaint, all charges that were allegedly made pursuant to that contract, all credits that were made to the account.....(etc). Although the code requires the plaintiff to respond in 10 days, plaintiff has not provided the complete account. Without such information, defendant is unable to provide the information sought in this Request. Defendant reserves the right to supplement her answer to this Request after plaintiff complies with its obligations under the Code.

In other words BOHICA

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I MADE ALOT OF CHANGES CATCHING ONE BY ONE

changed alot of the wording but stuck to ones about oc to what was sent I want to get them at trial for lack of standing as suprise to their affidavits and bill of sale read post about keeping that till end especially if witness is called .I figure if i attack them directly on answers and vaguely on the questions to oc it will assure me having success with them not being owner and amount owed

THANK YOU ALL FOR POSTING

Edited by bravoflaca2000

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I did some math and searching can you help me with interrogottories below .I was floating address to address from 2007 until mid 2009 4 different addresses in that period I dont want to disclose in the off chance that any documents might differ and contradict the actual address i lived at .

SPECIAL INTERROGATORY NO.2

State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

Current Address :

??????????

Defendant objects this is Irrelevant and Immaterial defendants address has no bearing on the issue that is the subject of this litigation address was verified day court summons was recieved .

SPECIAL INTERROGATORY NO.4

Did you ever report to CITIBANK(SOUTH DAKOTA), N.A. that there was an inaccuracy in any billing statement you recieved from the CITIBANK(SOUTH DAKOTA), N.A.?

Defendant objects , Irrelevant and Immaterial and has no bearing on the issue that is the subject of this litigation.

SPECIAL INTERROGATORY NO.5

Did you ever report in writing to CITIBANK(SOUTH DAKOTA), N.A. that the ACCOUNT was opened as a result of fraudulent activity?

Defendant objects , Irrelevant and Immaterial and has no bearing on the issue that is the subject of this litigation.

Edited by bravoflaca2000

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I did some math and searching can you help me with interrogottories below .I was floating address to address from 2007 until mid 2009 4 different addresses in that period I dont want to disclose in the off chance that any documents might differ and contradict the actual address i lived at .

SPECIAL INTERROGATORY NO.2

State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

Current Address :

??????????

Defendant objects this is Irrelevant and Immaterial defendants address has no bearing on the issue that is the subject of this litigation address was verified day court summons was recieved .

SPECIAL INTERROGATORY NO.4

Did you ever report to CITIBANK(SOUTH DAKOTA), N.A. that there was an inaccuracy in any billing statement you recieved from the CITIBANK(SOUTH DAKOTA), N.A.?

Defendant objects , Irrelevant and Immaterial and has no bearing on the issue that is the subject of this litigation.

SPECIAL INTERROGATORY NO.5

Did you ever report in writing to CITIBANK(SOUTH DAKOTA), N.A. that the ACCOUNT was opened as a result of fraudulent activity?

Defendant objects , Irrelevant and Immaterial and has no bearing on the issue that is the subject of this litigation.

#2: Defendant objects on the ground that this interrogatory is overbroad and burdensome. Defendant also objects on the ground that the infoermation sought is irrelevant to any issue in this litigation and intrudes upon the privacy rights of the defendant. Without waiving these objections, defendant respoonds that [she] currently resides at the following address:

#4: THis must relate to the "account" otherwise it is irrelevant. You know what to say about the "account".

#5. THis does relate to the "account".

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NOTES I FOUND USEFULL

Bill of Particulars Valueable Lawsuit Tool for Defendant

1) File your Answer to Complaint.

2) A few days later send request for BOP only if the complaint’s CAUSE OF ACTION is breach of contract/common counts. Send it USPS with CMRR /include Proof Of Service. Your BOP does NOT need to be on pleading paper.

For a list of items that need not filed with the court, go to Title Three Rules

STRATEGY: Send your first BOP ASAP so you can complain about the

insufficient response in your Meet & Confer statement.

CA Codes (ccp:452-465)

You have to show the courts that you tried to resolve any disputes thru meet and confer letters. If that doesn't get resolved...then you file a motion to compel further bop. If the other side defies the court order then you can file a motion to preclude prior to trial or file a mil at the threshold of trial. So, you may need to send a second request for BOP if no timely response OR if the JDB's response is insufficient.

If all else fails,consider filling a Motion to Compel.

See this thread- Motion to Compel...- by calawyer:

Motions to compel BOP vs. written discovery in Cal.

3) Send Meet & Confer (more than 1 often needed).

4) Attend Settlement Conference and reject settlement offer

5) Respond to JDB Request for Admissions, Documents, and Interrogatories

6) Attend Case Management Conference and select trial dates

Is it wise to send your own requests for docs, admissions, and interrogatories before you file a motion to compel further BoP

7) If insufficient BOP received from JDB, then file Motion to Compel Further BOP

8. Read CCP 96: CA Codes (ccp:90-100)

9. Send CCP 96 request in the timeframe described in the rule. Here is a form: http://www.courts.ca.gov/documents/disc015.pdf

10. If you receive a CCP 98 declaration, read CCP 98 (see link above). Have the Court issue a subpoena and have the subpoena served on the witness at the address listed in the declaration.

11. Read my posts on how to deal with the CCP 98 witness at trial (motion in limine).

12. BecOme familiar with California's hearsay rule and its exceptions. Also, you should understand the concepts of personal knowledge (pretty easy) and authentication of documents. Prepare yourself to use these objections at trial. If you don't, you waive them.

THANK YOU CALAWYER

i am putting the posts i have here in word to do spell check and fill in the xxx

FELT GOOD TO GET THEIR SIGNATURE

YOU PEOPLE ARE AMAZING

Edited by bravoflaca2000
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CALIFORNIA PROCEDURE TO SUE WHO IS SUING YOU

Step 1. Fill Out Your Defendant's Claim

To prepare your defendant's claim, you need to fill out court forms that include a Defendant's Claim (Form SC-120). These forms tell the court and the plaintiff (the person or business you are suing back) about your claim.

To fill out your papers:

1.Read Information for the Plaintiff (Small Claims) (Form SC-100-INFO) and the "Information for the Defendant" on page 4 (in English) and page 5 (in Spanish) of Form SC-100

2.Get help from your court’s small claims legal advisor

Your court’s small claims legal advisor may be able to help you figure out how much to sue for as well as help you fill out your court forms.

3.Fill out your court forms

Fill out:

Defendant's Claim and ORDER to Go to Small Claims Court (Form SC-120).

If there are more than 2 plaintiffs or 2 defendants, also fill out Other Plaintiffs or Defendants (Attachment to Defendant's Claim and ORDER to Go to Small Claims Court) (Form SC-120A).

If you need more space to describe your claim and what happened, or you need witness statements, you can use a Declaration (Form MC-030).

If you are a business, you may also have to fill out a Fictitious Business Name (Small Claims) (Form SC-103) declaration.

4.Fill out your court’s local forms (if any)

Ask your local court clerk if there are local forms you have to fill out. Some courts also have forms on the court's website.

5.Have your forms reviewed

You can ask a small claims advisor to review your paperwork after you filled it out. They can help you make sure you filled it out properly before you file it. You can also go to a public law library and ask a librarian for self-help books to help you fill out your forms.

6.File your defendant's claim

After you fill out your forms, the next step is to take your forms to the court (called "filing your claim").

Edited by bravoflaca2000

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NOTES I FOUND USEFULL FOR MY CASE

Evidence Code § 1270-1272 states the business records exception to the hearsay rule.

Evidence Code § 1271 states as follows:

Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or even if:

a) The writing was made in the regular course of a business;

B) The writing was made at or near the time of the act, condition, or event;

c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and

d) The sources of information and method and time of preparation were such as to indicate its trustworthiness.

To qualify under the § 1271's "business records" exception to the hearsay rule, subsection © requires the offering party present a qualified witness who can testify from first-hand knowledge regarding the origin or mode of preparation of the document offered. Although Plaintiff attempts to offer the Affidavit of Ashley Lashinski as a custodian of records, this employee of Midland Credit Management is not qualified to attest to the origin or mode of creation of documents from Plaintiff’s purported assignor, CHASE.

A custodian of records of one entity cannot attest with personal knowledge to the facts and practices of an entirely different entity. California courts agree and have generally held that an entity cannot be a "custodian or other qualified witness" and provide an affidavit concerning matters of another entity. For example, in Cooley v. The Superior Court of Los Angeles County, et al., (140 Cal. App. 4th 1039 (Cal. App. 2d Dist. 2006)) the court considered whether a district attorney’s ("DA") section 1561 affidavit accompanying documents responsive to a subpoena duces tecum met the requirements of section 1561 when the documents were generated by entities other than the DA. The Court held that the DA was not the custodian of the business records because the DA could not execute the affidavit required by Evidence Code § 1561, as the DA did "not prepare or generate any of the documents contested," could not attest that the records were prepared in the ordinary course of business at or near the time of the event, and could not attest to the various attributes of the records relevant to their authenticity and trustworthiness." (Id. at 1044-45) Here, the only custodian of records offered by Plaintiff is an employee of a company who is the servicer of Plaintiff. Because the witness offered by Plaintiff lacks personal knowledge or a business duty, the witness is not qualified to testify regarding business records originating from CHASE. As such, the documents purportedly from CHASE are inadmissible.

"a document that is prepared by one business cannot qualify for the business records exception merely based on another business’s [sic] records custodian testifying that it appears in the files of the business that did not create the record." (CACH, LLC v. Askew, 358 S. W.3d 58, 63 (Mo. 2012) (en banc)) "In CACH, LLC v. Askew, the plaintiff attempted to offer ”several exhibits purported to be documents regarding the credit card account”( Id. at 2), as Plaintiff has done here. CACH, LLC sought to admit these documents into evidence as business records, as Plaintiff attempts to do here. However, the only custodian of records offered by CACH, LLC was an employee of Square Two Financial, which owns CACH, LLC. When asked if this custodian had any personal knowledge about the business practices of the original creditor, the custodian responded that she only had general knowledge about “most of the major banks." The court, in deciding whether the custodian of records offered by CACH, LLC was a “qualified witness" to lay the foundation for the original creditor's purported documents, held that the witness was not qualified and the records did not meet the hearsay exception, thus the third-party business records were deemed inadmissible.

Edited by bravoflaca2000

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This Defendant denies each and every, all and singular, generally and specifically, the allegations contained in the claim, and each and every part thereof and, in this connection, this Defendant denies that plaintiffs have been injured or damaged in any sum, or otherwise, or at all.

NOTICE OF MOTION AND MOTION TO COMPEL BILL OF PARTICULARS

NAME

Address

San Bernardino, CA 91755

Defendant, In Pro Per

SUPERIOR COURT OF CALIFORNIA,

COUNTY OF SAN BERNARDINO

111 North Hill Street, San Bernardino, CA 91755

Branch – Civil Limited

XXXXXXXXX,

Plaintiff,

vs.

XXXXXXXXX,

Defendant,

Case No.:

NOTICE OF MOTION AND MOTION

TO COMPEL BILL OF PARTICULARS;

MEMORANDUM OF POINTS &

AUTHORITIES; DECLARATION

of XXXXXXXX IN SUPPORT OF

MOTION TO COMPEL FURTHER

RESPONSE TO BILL OF PARTICULARS

DATE: July X, 2012

TIME: 8:30 am

DEPT: 77

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on XXXX, 2012 at 8:30 a.m. in Department 77 of the above-entitled Court located at 111 North Hill Street, Los Angeles, California, Defendant will move, and hereby does move, for an Order compelling Plaintiff to respond fully to Defendant’s Bill of Particulars or, in the alternative, to be precluded from offering any such evidence at the trial of this matter. The motion is made pursuant to Code of Civil Procedure section 454 on the ground that Plaintiff has refused to respond to Defendant’s demand for a Bill of Particulars and good cause exists for the relief requested in this motion.

This motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the Declaration of XXXXXXXXX filed herewith, all of the papers and pleadings on file in this action and such other evidence and argument as shall be adduced at or before the hearing hereof.

DATED: April 23, 2012 ___Signature_____________

Name, In Pro Per

MEMORANDUM OF POINTS AND AUTHORITIES

I. INTRODUCTION

On October 12, 2011, plaintiff filed a complaint in this matter. The complaint alleges that defendant owes plaintiff the sum of $XXX.XX pursuant to an agreement between defendant and Capital One Bank (USA) NA. No such agreement is attached to the complaint. The complaint sets forth no facts supporting the amount claimed to be owing.

For this reason, on March 13, 2012, defendant served Via Certified Mail RRR, a request for Bill of Particulars on plaintiff. Plaintiff’s response was wholly inadequate. No contract has been produced. Nor has plaintiff produced all account statements justifying the amount claimed to be owed in the complaint. Defendant therefore asks that this Court order plaintiff to supplement its Bill of Particulars producing a complete accounting, a copy of the contract referred to in the complaint and a copy of any agreement assigning this claim to plaintiff. In the alternative, defendant asks that the Court enter an order precluding plaintiff from offering any such evidence at the trial of this matter.

II. ARGUMENT

Code of Civil Procedure section 454 governs the use of a Bill of Particulars in California. Pursuant to this section, a plaintiff need not detail all items of an account in the complaint. However, upon request, plaintiff must provide all such information within 10 days or be precluded from giving evidence thereof at trial:

"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, within ten days after a demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular."

Here, defendant served a request for a Bill of Particulars on March 13, 2012 pursuant to CCP 454. Declaration of XXXXX in Support of Motion for Further Bill Of Particulars paragraph 1. Defendant asked for 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 services, materials or goods supplied or other considerations rendered, the price or charge made for each such item or transaction; and all payments or credits that have been made to the account. A true copy of the mailing declaration and Demand of Particular is attached hereto as Exhibit "A."

Plaintiff’s response was wholly deficient. Plaintiff responded to Defendants demand for Bill of Particulars by contending that a Bill of particulars is innapplicable to plaintiffs cause of action. A true copy plaintiff’s response is hereto attached as Exhibit "B.” It did not provide contract, itemized details of the account on which the cause of action for goods sold and delivered including the date of each item or transaction, a description of services, materials or goods supplied or other considerations rendered; and the price or charge made for each such item or transaction. Defendants good faith effort to meet and confer to avoid the necessity of bringing this motion were futile.

On March 29, 2012, Defendant sent to Plaintiffs attorney, Mark D. Walsh, a second request for Bill of Particulars, Via Certified Mail RRR. A true copy of my March 29, 2012 letter is attached as Exhibit "C."

On April 2, 2012, Plaintiff responded to Defendants demand for Bill of Particulars by claiming Plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or the parties’ agreement. As such, plaintiff reserves the right to amend this response at any point prior to and at the trial. A true copy of plaintiff’s response is hereto attached as Exhibit “D”.

On April 13, 2012, Defendant sent to Plaintiffs attorney, Mark D. Walsh, a letter Via Certified Mail RRR, attempting to meet and confer in good faith. A true copy of my letter is hereto attached as Exhibit “E”.

On April 17, 2012, Defendant sent to Plaintiffs attorney, Mark D. Walsh, a second letter, Via Certified Mail RRR, attempting to meet and confer in good faith. A true copy of my letter is hereto attached as Exhibit “F”.

The information requested in Defendant’s Bill of Particulars is the bare minimum that plaintiff will need to prove its case at trial. Plaintiff should have had this information in its possession before filing suit. There is simply no reason that it should not be produced in response to a properly served Request for Bill of Particulars. The Court should require plaintiff to do so immediately.

III CONCLUSION

Plaintiff’s response to defendant’s Bill of Particulars is inadequate. The Court should require plaintiff to supplement its response immediately and produce all statements pertaining to this account from inception showing all payments made and charges to the account at issue. In addition, plaintiff should produce the contract referred to in the complaint and any agreement assigning the claims at issue to the plaintiff. In the alternative, the Court should enter an order pursuant to Code of Civil Procedure section 454 precluding the plaintiff from offering any such evidence at trial.

DATED: April 23, 2012XXXXXXXXX

In Pro Per

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DECLARATION OF XXXXXXXXX IN SUPPORT OF MOTION TO COMPEL

FURTHER RESPONSE TO BILL OF PARTICULARS

I, XXXXXXXXXX declare as follows:

I am the defendant in the above-entitled proceeding. I have personal knowledge of all the facts contained herein, and if called to testify, could and would testify competently thereto.

1. Defendant served his Demand for Bill of Particulars Via Certified Mail RRR to Plaintiff’s attorney, Mark D. Walsh, on March 13, 2012. A true copy of the mailing declaration and Demand of Particular is attached hereto as Exhibit "A."

2. On March 20, 2012, defendant received Plaintiff’s objection to Demand for Bill of Particulars, claiming that a Bill of Particulars may be served on the plaintiff only in an action on an account. 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 appropriates in an action on 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. Plaintiffs 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. A true copy plaintiff’s response is hereto attached as Exhibit "B.”

3. On March 29, 2012, Defendant sent a letter, Via Certified Mail RRR, to Plaintiff’s attorney Mark D. Walsh, observing that plaintiff’s response was incomplete and insufficient and requesting that Plaintiff provide a supplemental response. A true copy of my March 29, 2012 letter is attached as Exhibit "C."

4. On April 2, 2012, defendant received Plaintiff’s response to Bill of Particulars and One (1) Capital One Bank (USA) NA Statement for April 2012. No further documents were produced. Plaintiff responded by letter claiming that plaintiff has not yet completed its discovery and/or investigation as to what other amounts plaintiff may be entitled to in accordance with the law and/or parties’ agreement. As such, plaintiff reserves the right to amend this response at any point prior to and at trial. A true copy of plaintiff’s response is hereto attached as Exhibit “D”.

On April 13, 2012, Defendant sent to Plaintiffs attorney, Mark D. Walsh, a letter Via Certified Mail RRR, attempting to meet and confer in good faith. A true copy of my letter is hereto attached as Exhibit “E”.

On April 17, 2012, Defendant sent to Plaintiffs attorney, Mark D. Walsh, a second letter attempting to meet and confer in good faith. A true copy of my letter is hereto attached as Exhibit “F”.

I declare under penalty of perjury that the foregoing is true and correct.

Executed this 23rd day of April, 2012 at San Bernardino, California.

VERIFICATION

I, [your full name], am the Defendant in the aforementioned action. I have read the foregoing [DOCUMENT - put the name of it here] and know the contents thereof. The same is true to my knowledge, except as to those matters which are stated on information and belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Has Printed Name

Here Signed Name Here

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Midland only sent you one statement. That is not enough. Send the letter set forth below. You are entitled to every statement from the time the account was opened until you allegedly defaulted.

Dear ____

On ____, Defendant served its request for a Bill of Particulars on Plaintiff. Pursuant to CCP section 454, Plaintiff has ten days to respond or it will "be precluded from giving evidence thereof." As described below, plaintiffs’ response is entirely deficient.

Plaintiff has not provided an itemization of the account showing all charges and credits thereto. It has not provided the underlying contract referred to in the complaint. Such basic information is required to prove plaintiff’s claim. Plaintiff should have such information readily at hand. If not, it is difficult to understand how plaintiff acquired a good faith basis to file the lawsuit.

Please serve a full response on or before [insert date 10 days from date of letter]. If Plaintiff fails to do so, Defendant will move the Court for an order requiring a further response or, in the alternative, an order precluding Plaintiff from offering any such evidence at trial.

IS this the same case for the same type of suit in Texas?

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IS this the same case for the same type of suit in Texas?

No, that would not work in Texas. If you have a Texas case then start a new thread so I and others familiar with Texas procedure can check it out.

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