Summoned&Scared

Answer to Summons and Complaint Help Desperately Needed

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Ok, here we go again.  I received what is supposed to be a response to my BOP. There were no objections.  They pretty much sent me what they had included in the complaint but added a photocopy of general terms and conditions as well as an additional copy of the redacted Bill of Sale.  Here was their response in a Nutshell, "Discovery is ongoing and plaintiff is seeking additional documents from the underlying creditor"  I attempted to create a Meet and Confer letter. I am attaching my ROUGH draft  as well as copies of what I was provided.  As ALWAYS any help, suggestions etc are GREATLY appreciated

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I had been thinking about the response you received to your BOP request. unlike any of the previous cases I have seen lately, the response contained no objections, the provided only a handful of alleged statements, a BOS, and an undated customer agreement, but they also left the door open for themselves to provide supplemental responses to the BOP demand.  so I re-read CCP454, and thankfully it is short and to the point : he ( in your case the plaintiff) 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. to me, that means that CCP454 does not allow for supplemental responses. perhaps a short and to the point M&C letter with a threat to MTC (if you are willing to MTC) will be the best response.

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luru27 back in 2011, apparently,  received a similar response to the one you received.

http://www.creditinfocenter.com/community/topic/307888-response-to-bill-of-particulars/

@calawyer assisted luru27 with a M&C letter

Meet and Confer letter.

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.

As a preliminary matter, plaintiff’s objection to the Bill of Particulars is not well taken. Plaintiff has alleged causes of action for Open Book Account and for Quantum Meruit. A Bill of Particulars is appropriate under each of these legal theories as plaintiff concedes in ultimately responding.

The response served, consisting of just one billing statement with no name or address, is not sufficient. 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. Nor has it provided any contract of assignment of the claim at issue in this litigation. 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. The only account statement plaintiff has provided demonstrates nothing, and would not provide plaintiff with a good faith basis to file this suit.

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.

 

maybe something like this without the part addressing the objections will be best.

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ok so here I go again. This time I am responding to a REQUEST FOR ADMISSIONS and a PRODUCTION OF DOCUMENTS . I am posting what I have done in case there is anything else I need to add or take away

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If they have not sent you anything else identifying the account, I would answer them the same way you did the first set. reiterate the BOP was not sent.  And you may want to send your own discovery (I don't know if you have) but hone in on asking for that forward flow that is mentioned in the bill of sale. 

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