Bill of Particulars

[Diego927]

What is the name of your state (only U.S. law)? New York.

Hello,

I am currently involved with a Pro Se litigation against my former landlord. I was renting a condo in Westchester from a landlord who lives out of state. Due to a dispute with the tenant below me, my landlord received pressure from the condo board to have my family and I evicted. We were working off of a verbal lease and to make a long story short, after a drawn out battle in court, I ended up leaving the unit. My landlord is now holding on to my security deposit claiming damage to the condo, as well as having to pay for fines due to a false noise complaint against me. I can prove there was no damage when I left the unit and I suspect the fines levied against my former landlord were not due to the false noise complaint, but for renting without a lease.

I've gotten as far as doing the complaint and summons, responded to their answer and even submitted an RJI to which a bill of particulars and discovery date were set.

I understand the concept of the Bill of Particulars, but could definitely use a little help with what questions to ask. I know I should ask about seeing the fines, about the information of the witnesses (realtor, possibly handy men) that claim the unit was damaged and proof of the amounts paid for the fines and supposed damage. Is there anything else that comes to anybody's mind? What would be the best way to word everything?

Any direction would be greatly appreciated.

Security deposit is for around $1,500 so of course getting an attorney has been out of the question which is why I did this Pro Se.

Thanks to all.

 

[Cvillecpm]

Outline of the monies you want and for what...most states have this in a form that you can download, complete, mail/serve on landlord and submit to the court.

 

[Diego927]

Thanks for responding Cvillcpm -

Outline of the monies I want? I was looking for assistance with the Bill of Particulars, which I thought was to aid in the discovery process.

If what you say is still correct - how do I angle that to find out what evidence he is working with?

New York doesn't use a form, you put the usual heading with the plaintiff and defandant, index number and just list the questions for the bill of particulars.

thanks.

 

[You Are Guilty]

Wait, what? Who is suing who?

I am currently involved with a Pro Se litigation against my former landlord.

This sounds like you are the plaintiff.

I've gotten as far as doing the complaint and summons,

Again, sounds like you're the plaintiff, but

responded to their answer

Why/how did you respond to the answer? Unless there was a counter claim, there is nothing to reply to.

and even submitted an RJI to which a bill of particulars and discovery date were set.

RJI stands for Request for Judicial Intervention. Or, in other words, "please assign a judge to my case". Here's where I get even more confused. RJIs are only used in Civil and Supreme court, yet you mention your argument is over a $1,500 dispute, which would be filed in Small Claims, which doesn't use RJIs. Plus, if you received a discovery order (yet didn't go to a preliminary conference first), you are definitely not in small claims. So where exactly are you?

I understand the concept of the Bill of Particulars, but could definitely use a little help with what questions to ask.

You are not as familiar with the concept as you seem to think. If, in fact, you are the plaintiff, you might be amused to learn that the BP is something the defendant serves on you. You do not serve it on the defendant (although you are permitted to do so only with respect to any affirmative defenses raised by the defendant). So then why are you asking about what questions to ask in it?

I know I should ask about seeing the fines, about the information of the witnesses (realtor, possibly handy men) that claim the unit was damaged and proof of the amounts paid for the fines and supposed damage.

These are all valid discovery demands you can make on the defendant. Read this guide for more details:
http://www.courts.state.ny.us/publications/GuideforProSes.pdf

What would be the best way to word everything?

As clearly and concisely as possible. Don't try to use legal-eze or other jargon. Just write in plain English what information and/or documentation you want to be provided with.

Good luck.