Bill of Particulars--What do I do if the plaintiff doesn't respond?

[SLField]

What is the name of your state? DE

I'm being sued in small claims court in Delaware. I ordered a Bill of Particulars, which the plaintiff has 15 days from the day of mailing to respond to. I haven't received anything, and I have now moved out of state (this has gone on for four months or so.) I checked with the court this morning and they said the notice was mailed to the plaintiff on the the 20th of September. Our court date is at the beginning of December, and I don't want to waste my time going unless I see the itemization.

What do I do now? They say there is something that I can file to "compel" the plaintiff, but I couldn't find the form. Do I write a letter? Do I ask for a dismissal?

Any words of wisdom would be appreciated!

Thanks.

Suz

 

[FlyingRon]

Our court date is at the beginning of December, and I don't want to waste my time going unless I see the itemization.

By not going you can be guaranteed the case will be decided in the other parties favor.

 

[SLField]

Ron,

I understand that. I guess my point is, if they give me the option to ask for the Bill of Particulars and it isn't answered by the plaintiff, I really shouldn't be expected to go. My understanding is, the "Bill" is her concrete proof that I owe her money. If she can't or won't answer it, I would think they should at least grant a continuance.

I didn't want to come out and say it, but this is basically a BS case. This person sues people (at least three of us in the one building) for rediculous stuff hoping that we'll just pay to get her out of our hair. I didn't expect her to respond to the "Bill" because she will have no proof that I owe her any money.

This week I moved out of state for a new job, I really expected that things would be resolved by now and they aren't. For me to travel to court, I expect an answer. Now I'm going to sound like I'm venting, but she was able to just walk in and file at least three miscellaneous lawsuits, I think we all deserve answers before we are expected to appear in court.

I'll stop venting now. But what I am really wanting an answer to is, what do I do next? Do I write a letter? There didn't appear to be a form like in the particulars. I just don't know what to do next.

Thanks.

Suz

 

[seniorjudge]

...
I guess my point is, if they give me the option to ask for the Bill of Particulars and it isn't answered by the plaintiff, I really shouldn't be expected to go.
....

No. Just the opposite.

 

[SLField]

Now I'm really lost. What do I do? I think I'm entitled to see why she is suing me, don't you?

Why does the court give me the option to file a "Bill of Particulars" if the plaintiff can just decide not to follow through?

 

[lwpat]

The reason she is suing you should be listed in the complaint. She will have to present proof of the claim in court. If she was properly served with the "Bill of Particulars" ( I assume this is a discovery request) and did not reply, you can request the case be dismissed. The judge can either dismiss, hear the case, or reshedule. If you do not show the court will enter a default judgment in her favor.