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Filing Bill of Particulars

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  • Filing Bill of Particulars

    Virginia - General District Court. We were served a Warrant on Debt for a dispute over a remodeling contract (take a look at my other post for the gory details).

    We went for the initial hearing where his attorney was directed to file a Bill of Particulars and mail a copy to us by a specific deadline. We were then to file our Grounds of Defense with the Court and provide a copy to his attorney.

    Well, that deadline came and went today with no Bill of Particulars arriving via mail, courier, or any other means. Tomorrow I am going down to the courthouse to see if they received a copy.

    If they did, should I inform them I never received a copy as ordered by the court ask them for a copy? If the court receives theirs but I do not, have they violated the court order?

    If the court did not get a copy, what is the next step - do I still need to file a Grounds of Defense with the court, and if so do I also provide one to the opposing attorney even though I have no Bill of Particulars to base it on?

    Or, in either case do I just go to court on the date of trial and request dismissal for the plaintiff failing to adhere to court order by not providing my copy on or before the deadline date?

    What if the Bill of Particulars arrives a day later in my mailbox? Is this something I should bring to the attention of the court to support a request for dismissal? Throughout this ordeal the other side has repeatedly provided inaccurate paperwork and at times shown an unawareness of or unwillingness to comply with regulations and standards governing his supposed "profession."

    Thank you for your consideration.

  • #2
    Re: Filing Bill of Particulars

    I wish to inform you that you can obtain a default judgment if bill of particulars is not filed in court. In case you have not been served on you or late served then you can object on the ground that court order has been violated thus it should not be accepted. You can always inform court about deficiency of other party so that judge can pass judgment in your favor.

    AFF

    Comment


    • #3
      Re: Filing Bill of Particulars

      Originally posted by Hercules View Post
      Virginia - General District Court. We were served a Warrant on Debt for a dispute over a remodeling contract (take a look at my other post for the gory details).

      We went for the initial hearing where his attorney was directed to file a Bill of Particulars and mail a copy to us by a specific deadline. We were then to file our Grounds of Defense with the Court and provide a copy to his attorney.

      Well, that deadline came and went today with no Bill of Particulars arriving via mail, courier, or any other means. Tomorrow I am going down to the courthouse to see if they received a copy.

      If they did, should I inform them I never received a copy as ordered by the court ask them for a copy? If the court receives theirs but I do not, have they violated the court order?

      If the court did not get a copy, what is the next step - do I still need to file a Grounds of Defense with the court, and if so do I also provide one to the opposing attorney even though I have no Bill of Particulars to base it on?

      Or, in either case do I just go to court on the date of trial and request dismissal for the plaintiff failing to adhere to court order by not providing my copy on or before the deadline date?

      What if the Bill of Particulars arrives a day later in my mailbox? Is this something I should bring to the attention of the court to support a request for dismissal? Throughout this ordeal the other side has repeatedly provided inaccurate paperwork and at times shown an unawareness of or unwillingness to comply with regulations and standards governing his supposed "profession."

      Thank you for your consideration.
      You can check the court dockets online for most maintain dockets (registers of actions) online for their civil cases.

      If the plaintiff has not filed a bill of particulars, the specifics of the complaint, of course you cannot file a defense. A move to dismiss can be tried. But if the court denies that request, it is appropriate to request the court move all dates forward, extend your time to answer and extend the trial date.

      A party has a duty to serve all papers filed with the court. The other party is under no compulsion to go to court to get copies from the files.

      What one could do is ask the court for sanctions, monetary sanctions, for the lawyer's failure to serve timely. You can ask for sanctions for ever breach of court rules. That should make the lawyer sit up and take notice. Some, when they have a layman without lawyer on the other side, take advantage -- if they can get away with it.

      Comment


      • #4
        Re: Filing Bill of Particulars

        Thanks to both AFFA and Friend of Court replies - very helpful!

        Comment

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