Our Bill of Particulars pack includes an article explaining the bill of particulars in detail, so you know what you need to do. Please ask about this during the free teleconference so we can be sure the product is right for you. If their claim includes that language but also includes other claims, the product probably will apply. So if their ONLY claim against you says they sent you statements and you agreed or didn’t object, the product will probably not apply. It will not apply to a claim of account stated. That means that if they are suing you for breach of contract or suit on an open account, the product will apply. The bill of particulars applies only to California cases, and only to “common pleas” in California, and it is great for them. The only difficulty is that you must follow the procedures outlined for it very carefully and precisely. It is a very powerful tool available to Californians. Or in many cases avoid trial altogether by demonstrating their lack of evidence. And this means that you can prepare better for trial. If they don’t give it to you, you can prevent them from using it against you later. By filing a request for bill of particulars, you force them to reveal what, if anything, they have. The Bill of Particulars works because debt collectors so rarely have, or are willing to give, the information necessary to win their cases. It is, in California, an essential tool in debt defense. It isn’t a substitute for discovery, but it is much faster and easier than most discovery. If you have a standard breach of contract claim, for example (as most debt cases do), you can force the debt collector to provide you basic information – just about everything they have – in support of their claim. Bill of ParticularsĪ bill of particulars applies to many claims brought under California law by debt collectors, although it does not apply to account stated. This product provides you everything you need to get from making your demand for a bill of particulars through moving to get evidence excluded and getting the case dismissed in the State of California. Because the debt collectors are frequently filing these cases both as breach of contract claims and as “account stated” claims (to which the bill of particulars do not apply), the sample motion to dismiss includes the most powerful arguments I have found or could make to dismiss the account stated claim.ĭescription Winning With California’s Bill of Particulars (PDF & Word Compatible Supplement) It’s everything you need to get from making your demand for a bill of particulars through moving to get evidence excluded and getting the case dismissed.
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