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A nervous wreck. Court date is this FRIDAY in NJ!!


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Hi,

I first wanted to thank everyone who has responded to previous postings. My court date is this Friday, March 11th against New Century Financial Services Inc. (Pressler and Pressler). I have so far done everything on this forum such as send affirmative defenses, first interrogatories etc. Pressler and Pressler also sent me their set of interrogatories which I answered vaguely (they basically wanted me to provide them with documentation of the account etc.... I answered that Plaintiff should have this info etc.. etc..based on the fact that the burden of proof is on them.) In addition, they answered my interrogatories and provided some xerox copy looking piece of paper claiming that it was the bill of sale and assignment from HSBC Credit Cards to them. This piece of paper has no account # on it, nor my name or anything related to me specifically. I still don't have the original contract from them nor statements proving that either I owe this money nor that the amount they are claiming I owe (which is like $1475) is correct or how they came up with that total.

I'm just a little nervous obviously having to come face to face with them this Friday. I have heard that Pressler and Pressler can be pretty aggressive and intimidating. Can anyone please tell me what I can expect? I have heard that we first go to mediation? What happens here? I am basically going in with the premise that they have no proof!!! And I plan to deny deny deny and not let them get the best of me. Any pointers I should know or advice of what happens during mediation? If they hound me and get aggressive can I just tell them that I would rather go to trial and have the judge decide rather than feel intimidated by them? Anyone who has had experience with them please let me know what I can expect and what will be the best approach.

I'm nervous over here and being that I am representing myself, I am trying to be that more cautious. Again, they still have not provided any documentation. DO you think the judge will favor them? How can I win?

Thanks so much!!! and please HELP!!!! :(:oops::confused:

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I would object (not sure if you can file something at this late date - consult your rules of procedure) to their assignment documentation. They are trying to establish Chain of CUstody - and this is a major point of contention for you.

You may be able to object to their submissions via a motion to compel (basically what they have provided is not sufficient). You might be able to verbally object at court. If you do object, I would have some case law at your figure tips to recite from. At the very least, I would have the civil rules of procedure printed out and highlighted showing that what they have provided in insufficient.

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