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Went to Court on Friday. What do you guys think?


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Hi,

I went to court this past Friday in NJ against New Century Financinal Services (Pressler and Pressler).

Here is what has transpired:

- they sent me notice that they are suing me for $1475 on an HSBC Credit Card that they are now the owners of

- I answered back on time and with affirmative responses as well as sent my first set of interrogatories.

- they sent me their set of interrogatories and answered almost all of mine by stating that my questions were unduly burdensome etc etc...

- I asked them for a copy of the original contract, statements supporting the account etc. They have not to date provided that. All they provided me with was a bill of sale (which looks like a xeroxed piece of paper)

FRIDAY-- went to court:

- I was taken to a room with just me and some guy from Pressler and Pressler who said that I was being given the opportunity to settle the debt. I told him that I had nothing to settle because they still had not provided me with any proof of it. No contract, no statements, no proofs that I owe them anything! The man said, look this case is still new a trial date will be set at which time they always show up with the statements, the contract etc... but also at which time they will want the full amount and you will have lost the opportunity to settle on anything lower. I said there was no way that I could agree to anything because there were no facts supporting that #1, I owe them any money, #2 that the amount I owe is $1475 (where did this number come from) and I mentioned to him that if you were going to sue someone that these documents should be readily available BEFORE you sue and not try to come up with them AFTER. He responded by saying: look, I see people come in with the type of attitude that you have every day and who think that they know better and then see themselves in trouble the day of trial. Are you saying that you dont owe this debt? I responded by saying: Based on the little information that you have given me and to the best of my knowledge, I have never entered into any contract with New Century Financial Services and so therefore would have to deny that I owe this money. He said ok (and proceeded to make a note) and then said fine we are done here. So I said, "ok, I guess I'll see you in court!"

- do you guys think I was too arrogant?

- do you think they will really be able to get the contract and statements?

- can I file a motion to dismiss at this time based on the fact that they have not supplied me with any supporting evidence?

What should I do next? Please help!!!

Thank you!

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There probably won't be a signed contract because there's usually not one associated with a credit card. You probably signed an application but not a contract. They should, however, provide a copy of the cardmember agreement that was in effect at the time your account went into default.

In your discovery requests, did you request statements, an accounting of the balance, and the cardmember agreement? If so, and they claimed those requests were "unduly burdensome", read your court rules on filing an MTD. If you're allowed to file it at this time, be sure and include case law.

In my state, we can file a MTD or MSJ at any time, but they prefer you keep it out of court as best you can. That might mean sending a good faith letter to the attorney requesting that he send you any documentation he might have. If he refuses, you can file a Motion to Compel, or the MTD or MSJ. It all depends on your court rules.

If you file a motion and the judge denies it, and if they come up with cc statements at the hearing, you can point out their "unduly burdensome" answers to the judge.

Edited by BV80
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Guest usctrojanalum

They are not going to have to provide any contract with your signature on it (or anything with your signature on it for that matter). But there are elements and other documentation that they should have before you even consider settlement.

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You might be able to file a MTD based on your court rules.... the court rules in MI require a Plaintiff to attach a copy of the written instrument if the complaint is based on one. Since your case is being brought by a JDB, the complaint is based at least in part on a Notice of Assignment. If the Assignment is not attached (and obviously it wasn't in this case) and your Court Rules require it, file a MTD based on that - and I would attach the discovery docs that state it is unduly burdensome to provide it in support of your motion. I would also include in either the written motion or in person at the time of the hearing that the Plaintiff's attorney confirmed they did/do not have one.

BTW, you were not the one being arrogant today.... any attorney that files a lawsuit without documentation in hand to support his/her position and then makes demand about settling is being arrogant - its like saying, "Look at me! Look at me! I'm so good I don't even NEED proof to win a case!"

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You handled yourself very well in my opinion.

The only thing I would have chimed in with was when he said that the lawyers for the JDB always come in with the statements and contract. I would have informed him of something he should have been well aware of, that that evidence has to be provided in the discovery phase of it will not be allowed in court. I assume you asked for the basic proof of the debt in your discovery. The creep was obviously trying to make you think you were going to "miss out" on a chance to pay some lower amount.

Common sense here, if they had the proof to get the whole amount they claim you owe, why wouldn't they go get it all in court.

These insect prey on the apathetic and ignorant (not stupid just uninformed) in plying their disgusting trade, its easy to recognize that in their actions and words.

Yeah what nonsense that they should have the evidence before they file a case (sarcasm intended). The fact that he actually said "people come in here all the time" was dishonest in itself as that dirtbag is certainly more accustomed to uncontested defaults for sure.

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