Legal Question in Credit and Debt Law in California

I plan on serving a "bill of particulars" to the collection attorney on my limited civil suit in Los Angeles county. I still have 15 days to file my answer (Sept. 4) Would it be a good idea to request an extension of my answer date so I can see if they respond in the 10 days allowed? I don't want to file affirmative defenses that won't hold in court until I know what info the attorney actually has. I should send it certified mail or have someone serve it?


Asked on 8/20/09, 11:48 am

1 Answer from Attorneys

Larry L. Doan Law Office of Larry L. Doan

"I don't want to file affirmative defenses that won't hold in court until I know what info the attorney actually has"

The information about your debt should have been already alleged in the complaint. Unless this is a highly unusual debt, but if it's a typical consumer debt (like a credit card), I can't imagine the attorney not leaving out details about how the debt was created and incurred by you, especially with a form complaint in a limited civil case. And that's most likely enough to plead a case so that defendant has to answer next. My opinion is that I doubt if your bill of particulars will get useful information more than what's already in the complaint. As far as getting an extension to answer, you have to file a request in the proper format with the court.

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Answered on 8/20/09, 1:25 pm


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