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California Bill of Particulars Pack

$100.00

In California, you can demand a bill of particulars and force the debt collector to provide you everything it has in most debt lawsuits. 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.

But 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. This product provides you everything you need to do that.

The Bill of Particulars Pack includes:

  • A sample demand for a bill of particulars;
  • a sample “meet and confer” letter;
  • sample motion for further bill of particulars;
  • sample motions to exclude evidence and or dismiss the case; and
  • a free teleconference to provide you support on this motion and the rest of your case

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. 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.

Categories: Reports, Silver Bullets Tags: bill of particulars, breach of contract, california, common pleas, open account
  • Description

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.

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