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MTC further BOP?

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I received a bop from the jdc's atty's. It only contained 2 generic acct statements. These were old acct summaries after acct was already past due. They requested an extra 45 days after my M&C letter. Their bop was deficient to say the least. This is why I'm confused as to which Motion letter to send.

Do I file a MTC further BOP?

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yep, MTC. You don't have to give them 45 days.  Are they suing for breach of contract, or account stated? Makes a difference.  If it is breach of contract, they need to provide accounting for the entire history of the account, so every statement from 0 balance to charge off.  Account stated is different, they don't have to provide all of that, but they would have to prove you agreed to pay it back, and you agreed to pay it back to them.  So their standing would be a big issue. Do you have another thread with all your particulars in it? If so, keep all your questions in one thread so people can see the history and advise you better.  I think calif. laws are different, so a cali person may be able to help you better, but I do know if you did the meet and confer, next step is motion to compel.

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  • 1 year later...

Help! Court is coming up next month. I received a "Declaration of Plaintiff in Lieu of Testimony at Trial" and an exhibit which includes a bill of sale, affidavit of sale of individual account, and 17 pages of account summaries. These only include one page of the statements. These do not date back to when the account was opened. What should I do at this point? PLEASE HELP! Thanks!!

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