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.
REQUEST FOR BILL OF PARTICULARS FREE
a free teleconference to provide you support on this motion and the rest of your case.sample motions to exclude evidence and or dismiss the case and.sample motion for further bill of particulars.A sample demand for a bill of particulars.This product provides you everything you need to do that. Since debt collectors rarely have what they need to beat you, if you push for the bill of particulars far enough in the right way, you may be able to win your case outright and with a relatively little effort or risk – or time.īut the trick is to follow the procedures in the right way, from the initial demand, through the motion for further bill of particulars and the motion to exclude.
In California, you can demand a bill of particulars and force the debt collector to provide you everything it has in most debt lawsuits.
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