Description
Winning With California’s Bill of Particulars (PDF & Word Compatible Supplement)
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.
Bill of Particulars
A bill of particulars applies to many claims brought under California law by debt collectors, although it does not apply to account stated. 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. It isn’t a substitute for discovery, but it is much faster and easier than most discovery. It is, in California, an essential tool in debt defense.
Why it Works
The Bill of Particulars works because debt collectors so rarely have, or are willing to give, the information necessary to win their cases. By filing a request for bill of particulars, you force them to reveal what, if anything, they have. If they don’t give it to you, you can prevent them from using it against you later. And this means that you can prepare better for trial. Or in many cases avoid trial altogether by demonstrating their lack of evidence. It is a very powerful tool available to Californians.
The only difficulty is that you must follow the procedures outlined for it very carefully and precisely. And that’s where we come in.
Limitation
The bill of particulars applies only to California cases, and only to “common pleas” in California, and it is great for them. That means that if they are suing you for breach of contract or suit on an open account, the product will apply. It will not apply to a claim of account stated. 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. If their claim includes that language but also includes other claims, the product probably will apply. Please ask about this during the free teleconference so we can be sure the product is right for you.
The Product
Our Bill of Particulars pack includes an article explaining the bill of particulars in detail, so you know what you need to do. It also includes samples of the things you will likely need: sample bill of particulars request, sample motion for more extensive bill of particulars, request to exclude evidence not provided in response to request for bill of particulars, etc. It gives you what you need to put this strategy into effect.
Support
This product comes with one free teleconference. At that teleconference, you can ask questions about the bill of particulars and about your case more generally. If you decide to join as a member after that, you will receive a 50% refund of the product price. The reason for this is simple – we think you could benefit in a big way from membership even if you get this package.
