I am being sued over an alleged debt by a junk debt buyer. This company filed a warrant in debt and I appeared in court on that date and contested. Both parties were given due dates for items; plaintiff bill of particulars due 9/19 and my defendant grounds of defense is due 10/03. I have yet to receive the plaintiff's bill of particulars as of 9/21 mail. Plaintiff sent me two letters - the same dated 9/17 and postmarked 9/20 stating my grounds for defense were due 10/03 and to mail them in their enclosed envelope.
What do I do since they have not sent me a copy of the Bill of Particulars by the due date?
Also I have dealt with this creditor before and answered a prior bill of particulars with my grounds for defense and they filed for a non-suit. This is the SECOND time around for this creditor.
1 Answer from Attorneys
So, send 'em your Answer & Grounds of Defense by the due date and then file your motion for dismissal on the grounds that the plaintiff's failure to file their BOP timely impaired your ability to file a full and comprehensive Answer & Grounds of Defense in the case.