Debt collection civil lawsuit by a second debt buyer, as assignee of original creditor Chase Bank, papers served March 25/12. Answer to be filed April 25/12 and need confirmation on correctness of the ff steps:
1. Answer to be filed at the Clerk's Office of the Court (South County Courthouse, Superior Court of CA, County of SC.)
2. Proof of Service - to be mailed to Plaintiff's attorney.
3. Demand for BoP (CCP454 Cause of Action- Common Counts; CC-1 on an open book account for money due; because an account was stated in writing by and btwn plaintiff's assignor and defendant in which it was agreed that defendant was indebted to plaintiff's assignor; this cause of action is based upon account number xxx; CC2 - stated amount
4. MeetandConfer letter sent with BoP 5 days to giveBoP CCP1013?
If the summons and complaint were personally served (handed to YOU) on March 25, then your Answer is due TODAY (April 24th) because the month of March has 31 days.
Have someone mail the Answer today and sign the proof of service. Then go to the courthouse and file your Answer and attached proof of service today.
This week, mail out your demand for bill of particulars. You can write your demand in a letter or on a pleading form. If by letter, mail it via certified mail with return receipt requested. If by pleading form, have someone serve it for you and sign a proof of service. Plaintiff's response is due in 10 days if personally served (handed to plaintiff or its attorneys) or in 15 days if served by mail.
Then prepare your written discovery requests (interrogatories, requests for admission and requests for production of documents) and have them served soon.
Your litigation tactics should be aggressive. You want to show plaintiff you mean business; you want to induce plaintiff to dismiss the lawsuit. (Collection attorneys usually are only interested in obtaining easy default judgments and settlements.)
Your Answer should have been filed today if the Summons was personally served on you. But do your best to get the Answer filed tomorrow, if you haven't.
The Proof of Service should be attached as the last page of the Answer and filed together as one document.
I don't know where you are getting the meet and confer letter to send with the Demand For Bill of Particulars.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
1. If you were personally served on 3/25/12, your Answer was due to be filed today. I recommend that you file your Answer first thing in the morning.
2. The Proof of Service should be filed along with the Answer. You then serve the Plaintiff with the Answer and the Proof of Service.
3. You should serve your Demand for Bill of Particulars along with the Answer. Your Proof of Service should indicate that you are serving the Answer and Demand for Bill of Particulars. If you are serving by mail, the Plaintiff will have 15 days to respond.
4. A meet and confer letter is not initially necessary. If you do not receive a response to the Demand for Bill of Particulars, then you should consider sending a meet and confer letter demanding a response before filing a Motion to Exclude evidence. A meet and confer letter is not necessary before filing a Motion to Exclude; but, some judges like to see a meet and confer effort anyway.
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