Q: How do I write a Grounds for Defense without a Bill of Particulars? Or do I use the old one?
My then wife and I signed a lease agreement with a vacation time share company in '95, ended 2012. They sent all correspondence to my ex in another state and got a judgment against both of us in 2017.
I learned of the garnishment 2019 and filed a motion to set aside, proved I was never served and won. Now it is a Warrant In Debt again, judge ordered me to provide a Grounds of Defense in response to Bill of Particulars (BOP) due the 10th.
Do I assume the old BOP or should I have received a new one by now?
I sent a Motion to Dismiss today citing Statute of Limitation noting this was time barred. Leg to stand on?
I live on disability, 4 hour drive, copies of documents, this is killing me financially. I am completely clueless.
A: When the Judge granted your Motion to Set Aside the default judgment, the Judge generally would order a new Bill of Particulars to be filed by the Plaintiff by a date certain and then the Defendant (You) to file a Grounds of Defense by a date certain to the allegations asserted in the Bill of Particulars. If no Bill of particulars was ordered by the Judge to be filed by the Plaintiff, but a Grounds of Defense was ordered for you to file, you should set forth all the factual and legal grounds you have in your defense and send the original to the Court with a copy to the opposing party or opposing attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
