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Received letter requesting 45 day ext for BOP


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I received a letter requesting a 45 day extension for the BOP I sent CMRRR. Court for the CMR is in June. They said the documents have been ordered.

How can a law firm sue me if they don't even possess the documents to back up their lawsuit?!

What should I do? Do I have to grant their request?

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I received the letter today. The deadline was 3/22, but the letter is postmarked 3/21. Wasn't sent CMRRR.

You will need to send a meet&confer that they shoild have had documents in their possession before filing suit. I would not give then the additional 45 but stipulate in the letter if you do not receive the request of the documents 10 days from the date of your letter you  will file a motion to compel.

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Can you please explain what exactly a "Meet & Confer" is? Also, in the meet & confer I send, can I deny the request for the 45 day ext & say I'm filing a motion to compel on grounds they filed suit without any documents and/or proof?

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HiRoy,

 

This is standard for them.  H&H is the law firm correct???

They pulled this on me as well.

You can follow my thread on the same subject. 

Calawyer has a great Meet and Confer on this subject.  Read his topic/post on BOP/Motion to Compel.

You are right, they should have had all their ducks in a row and ready to quack BEFORE they filed.

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Here is another sample by calawyer you have to change it to meet what you need and what your askign for sent it cmrr .Remember to do several meet and confers before doing motion to compel. Helpme has a great one and she actually got hers accepted by the court and the plaintiff had been precluded from entering their docs .

 

Look at my post also calawyer helped me with motion to compel .

 

 

 

defendants name and information
xxxxxx
xxxxxx

Dear MIDLAND FUNDING & ATTORNEYS OF RECORD


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.

 

 

Follow the advice here , all this is paperwork , I learned that this last week, All I can say is dont be nervous,  I let my nerves get the best of me and froze , but still WON thanks to everyone here.

 

Copy and paste everything that you think applies to you . Right now alot dont make sense but in the end it will. It will hit them the plaintiff like a ton of bricks.

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This is why I mentioned you have to change it, I was just giving you what a basic letter should read and be like .

 

 

Consider something like this and please add and change what you feel is necesary .

 

Plaintiff has not provided an itemization of the account showing all charges
and credits thereto.Instead it asks for an extension of 45 days.
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.

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I would follow helpme on this,  do the meet and confer right away, do the second meet and confer at the same time you send discovery , dont send them in the same envelope but mail them at the same time . Do like she suggested 15 days into your discovery line and ample time to them to respond to meet and confer letter , hit them with the motiong to compel. Please read up on the motion to compel , its not meant to argue your case its not for what they did , but what they have not done or provided and should have had before filling suit.

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Is this a meet and confer letter?

beingchased, on 01 Jan 2013 - 14:38, said:

Thanks racecar. Here is the letter helpme encouraged me to post for tweaking and critiques:

Date

me

address

Harang and Harrass

PRA plaintiff

On Dec. 13, 2012, Defendant served its request for a Bill of Particulars on Plaintiff.

Pursuant to CCP section 454, Plaintiff has 10 days to respond or it will "be precluded from giving evidence thereof".

As described below, Plaintiffs response is entirely deficient.

Plaintiffs complaint is utterly devoid of any factual information regarding the alleged debt. Such basic information is required to prove plaintiffs claim. If Plaintiff is the legal assignee or owner, it should have had all such information readily at hand prior to suit. If not, it is difficult to understand how Plaintiff acquired a good faith basis to file the lawsuit. Indeed Plaintiff has not provided any underlying contract, contract of assignment, statements, credits or any other details of the alleged debt.

Please serve a full Response on or before January 12, 2013. 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.

Sincerely

me

How's this: On Dec. 13, 2012, Defendant served its request for a Bill of Particulars on Plaintiff. Defendant received Plaintiff's request for a 45-day extension dated [date of letter]. This request is not well taken. On [enter date] Plaintiff filed suit. From the date of the filing of this suit to the date of Plaintiff's request, [enter no of days] have passed. Defendant believes pursuant to CCP 454 Plaintiff had more than ample time to provide the documents. Therefore, Plaintiff's response is deficient.

then continue with the rest of your letter....

just my 2 cents...

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Is this a meet and confer letter?

beingchased, on 01 Jan 2013 - 14:38, said:

Thanks racecar. Here is the letter helpme encouraged me to post for tweaking and critiques:

Date

me

address

Harang and Harrass

PRA plaintiff

On Dec. 13, 2012, Defendant served its request for a Bill of Particulars on Plaintiff.

Pursuant to CCP section 454, Plaintiff has 10 days to respond or it will "be precluded from giving evidence thereof".

As described below, Plaintiffs response is entirely deficient.

Plaintiffs complaint is utterly devoid of any factual information regarding the alleged debt. Such basic information is required to prove plaintiffs claim. If Plaintiff is the legal assignee or owner, it should have had all such information readily at hand prior to suit. If not, it is difficult to understand how Plaintiff acquired a good faith basis to file the lawsuit. Indeed Plaintiff has not provided any underlying contract, contract of assignment, statements, credits or any other details of the alleged debt.

Please serve a full Response on or before January 12, 2013. 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.

Sincerely

me

How's this: On Dec. 13, 2012, Defendant served its request for a Bill of Particulars on Plaintiff. Defendant received Plaintiff's request for a 45-day extension dated [date of letter]. This request is not well taken. On [enter date] Plaintiff filed suit. From the date of the filing of this suit to the date of Plaintiff's request, [enter no of days] have passed. Defendant believes pursuant to CCP 454 Plaintiff had more than ample time to provide the documents. Therefore, Plaintiff's response is deficient.

then continue with the rest of your letter....

just my 2 cents...

Finish your letter with the entry made in post#8 and you should be good to go.

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Can you please explain what exactly a "Meet & Confer" is? Also, in the meet & confer I send, can I deny the request for the 45 day ext & say I'm filing a motion to compel on grounds they filed suit without any documents and/or proof?

Yes you can but what I have experienced it will show judge that you are trying to work with plaintiff. If they don't acknowledge or respond to your m&c letter you can then show the courts how many days from the time of your request to the time of the filing of your motion plaintiff had to provide you with the documents and enough is enough already.

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A meet and confer letter is just a letter.  It does not need to go on pleading paper.  You should refer to the case and number so they know which case is yours.

 

A boilerplate meet and confer letter does not fit this situation very well.  I suggest something like the following:

 

This responds to your letter dated ____ seeking a 45 day extension to respond to defendant's request for  Bill of Particulars in this action.

 

Code of Civil Procedure section 454 is very specific on this subject.  A plaintiff seeking to recover on an account need not list all of the items of that account in the complaint.  It must, however, produce the entire account within 10 days or it will be precluded from giving evidence thereof at trial.

 

According to the complaint, it is plaintiff's business practice to sue to recover alleged debts in the state of California.  For this reason, I cannot understand why plaintiff is not able to comply with the laws of the jurisdiction it selected.

 

Nonetheless, as a courtesy, I will give plaintiff an additional 10 days to provide a complete response to the Bill of Particulars.  If Plaintiff has not provided a response on or before _____, I will have no option other than to file a motion to compel a response.  If I am forced to do so, please be advised that I will ask the Court, in the alternative, to enter an order precluding plaintiff from offering any evidence of the account at trial.

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I went through exactly what you are now going through with H&H over a Sears/Citibank debt. Just follow the advice outline above.   You should be hitting them with discovery requests while waiting on their BOP.  The more you throw at them the more likelihood they will screw something up-like missing deadlines.

 

After the second M&C letter file your motion to compel further BOP (If they sent something.) or Motion to Compel BOP (If they sent nothing.).  If you want a copy of my motion to compel, their opposition and my reply PM me.  Check Superior Court Rules and set the hearing far enough out so that you allow enough time for their opposition and your reply.  I set my hearing for six weeks after I filed.  Believe it or not its a lot cheaper to file a motion than an answer if you didn't get a fee waiver my motion was $90.

 

The good news they dismissed without prej fourteen days before the MTC Hearing after screwing up my discovery requests which I served three weeks after I served them with a BOP which I served the same day as my answer. 

 

BTW-the only docs they ever came up with after 70 days was a years worth of billing statements, a Bill of Sale (That did not identify my account.) and a handful of worthless robo-signed affidavits.

 

And, the file suit because its usually an easy and cheap way of getting a default because most people don't bother fighting.  If no one contests their flimsy evidence then the courts normally look the other way if they submit a final billing statement, a declaration that we have no idea where the original agreement went but take our word for it that one did exist and the debtor owes the O.C. what we say they owe-like Harvey Levin-I'm a lawyer! :ROFLMAO2:

 

Relax!

 

Carol-Lynn

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Is this good for the 1st Meet & Confer?

TO WHOM IT MAY CONCERN:

This responds to your letter dated seeking a 45 day extension to respond to Defendant's request for Bill of Particulars in this action.

 

Code of Civil Procedure section 454 is very specific on this subject. A Plaintiff seeking to recover on an account need not list all of the items of that account in the complaint. It must, however, produce the entire account within 10 days or it will be precluded from giving evidence thereof at trial.

 

According to the complaint, it is Plaintiff's business practice to sue to recover alleged debts in the state of California. For this reason, I cannot understand why plaintiff is not able to comply with the laws of the jurisdiction it selected.

 

Nonetheless, as a courtesy, I will give plaintiff an additional 10 days to provide a complete response to the Bill of Particulars.

 

If Plaintiff has not provided a response on or before , I will have no option other than to file a motion to compel a response. If I am forced to do so, please be advised that I will ask the Court, in the alternative, to enter an order precluding Plaintiff from offering any evidence of the account at trial.

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Guest usctrojanalum

You have to give them a reasonable first time extension, a judge will laugh at your motion to compel if you don't. 45 days seems pretty long though.

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