Debt hater Posted November 6, 2012 Report Posted November 6, 2012 Ok guys, I want to send off my BOP to the JDB tomorrow. Can the pros look this over and tell me how it looks. I am in Calif if that make a difference. We have a CMC in a month. I didn't put the plaintiffs name due to not wanting to give up too much not knowing if they come on here. It got a little distorted during the cut/paste. Thanks.PLEASE BE ADVISED that, pursuant to Section 454 of the Code of Civil Procedure, defendant demands that you provide a bill of particulars, setting forth:a. the specific items for which payment is demanded: The accounting stated in your complaint as item cc-1a(1); The agreement stated in your complaint as item cc-1a(2).the specific type and extent of goods, wares, and merchandise for which payment is demanded:Include- the date of each item and transaction; the source account for the credit extended (double bookaccounting);and the charge made for each transaction. As presented in your complaint items CC-1b(l), CC-1b(3) and CC-1b(6).The bill of particulars must be delivered to defendant within 10 days after service of this demandIn particular,demand is made on you to provide:a. The dates when goods, wares, and merchandise were provided.b. The specific charges for the goods, wares, and merchandise.c. The place the goods, wares, and merchandise was purchased.d. The date when each item is claimed to have been delivered.e. The sales price of each item.
1stStep Posted November 6, 2012 Report Posted November 6, 2012 No - use the conforming one that is posted by Calaywer. Yours does not follow the accepted format of the bill of particulars.
Debt hater Posted November 6, 2012 Author Report Posted November 6, 2012 Thanks for the reply. I did a search for it cant find it. My Internet Sucks and having a tough time right now. I am so frustrated right now.
1stStep Posted November 6, 2012 Report Posted November 6, 2012 Put this on pleading paper and attach a proof of service:TO PLAINTIFF, JDB AND THEIR ATTORNEYS OF RECORD: DEMAND IS HEREBY MADE UPON YOU, pursuant to California Code of Civil Procedure § 454, to furnish Defendant [redacted], within 10 days hereafter, a Bill of Particulars setting forth all items and details of the account on which the cause of action for money lent or paid of Plaintiff's complaint is based to include: an agreement and/or contract of said account, date of each transaction on the said account, the price or charge made for each item, all payments or credits that have been made to the account, a detailed account of how plaintiff calculated the amount owed, the contract assigning the account to the plaintiff and plaintiff's attorney, and any agreement assigning the account at issue to the plaintiff.
Debt hater Posted November 6, 2012 Author Report Posted November 6, 2012 Thanks, looking at mine it lost some of the wording and format when I cut and pasted. I will modify and post my actual BOP if you have a few mins to review i will be grateful.
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