Legal Question in Credit and Debt Law in California
Involved in a limited civil suit from attorney representing Bank of America trying to collect on a second note from a foreclosed property in 2010. They just sent me discovery papers, interrogatories, document production and request for admission. I want to respond with Bill of Particulars, is this a good idea? We have a demurrer hearing set for January because I am challenging several points from the complaint.
2 Answers from Attorneys
It would be a very effective way of confirming you don't understand civil procedure. So it would be a great idea if that is what you want to do. First off, a Bill of Particulars is not a response to the other side's dicovery. More importantly, a Bill of Particulars is for use in personal injury cases, not collections actions. Other than that your strategy is brilliant.
I agree with most of what Mr. McCormick said, except that a Demand for Bill of Particular is definitely for use in collection defense cases. It isn't necessarily useful though.
You respond to interrogatories by answering the questions. You respond to a demand for production of documents by producing the documents. And you respond to requests for admissions by either admitting or denying the statements.
Do yourself a favor and hire a debt defense or bankruptcy attorney.
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