Author Topic: being sued by Selip & Stylianou/Discover Bank  (Read 1841 times)

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tvaughn

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being sued by Selip & Stylianou/Discover Bank
« on: April 11, 2017 06:01:45 PM »
I recently received notice that I am being sued in Superior Court of NJ by Selip & Stylianou, who are representing Discover Bank.  Selip and Stylianou had sent me a Dunning letter back in October of 2016, and I responded with a DV letter within 30 days in which I elected arbitration.  They did not send me any sort of debt validation, and this is the first written correspondence that I have received since I sent my DV letter.  They did attempt to call me several times AFTER I sent the DV letter though, even though my DV letter explicitly stated that they were not to call me.

What is the best course of action for me here?  Should I file in JAMS?  I have until April 27, 2017 to respond.

The Litigator

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #1 on: April 11, 2017 06:14:49 PM »
I recently received notice that I am being sued in Superior Court of NJ by Selip & Stylianou, who are representing Discover Bank.  Selip and Stylianou had sent me a Dunning letter back in October of 2016, and I responded with a DV letter within 30 days in which I elected arbitration.  They did not send me any sort of debt validation, and this is the first written correspondence that I have received since I sent my DV letter.  They did attempt to call me several times AFTER I sent the DV letter though, even though my DV letter explicitly stated that they were not to call me.

What is the best course of action for me here?  Should I file in JAMS?  I have until April 27, 2017 to respond.

Follow the court rules. This is the Special Civil Part correct?

File an answer. MTC arbitration if you can.

There appears to be a lag from the time they dun from when they actually file. I received a letter from them back in December. They also did not answer the DV so I'm expecting a lawsuit.

What county are you in?

kevinmanheim

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #2 on: April 11, 2017 06:15:35 PM »
I would file in JAMS asap. Send the opposing attorney a CMRRR copy AFTER you file your MTC arb with the court.

File a MTC arb with the court and attach the JAMS filing as an exhibit.

Check the agreement. It should say that you can ask Discover to pay your filing fee if you can't afford to do so. If so, CMRRR that request to the address in the contract AND to the opposing attorney. Make sure your request states that you can't afford to pay the fee.

Buy popcorn and wait for the entertainment as the opposing attorney fights their client's own contract. 


tvaughn

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #3 on: April 11, 2017 06:18:06 PM »
Follow the court rules. This is the Special Civil Part correct?

File an answer. MTC arbitration if you can.

There appears to be a lag from the time they dun from when they actually file. I received a letter from them back in December. They also did not answer the DV so I'm expecting a lawsuit.

What county are you in?

Yes, Special Civil Part.  Monmouth County.

The Litigator

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #4 on: April 11, 2017 07:27:25 PM »
Fill out your forms and file them in Freehold with the appropriate filing fees.

Follow the court rules about service.

Quote
Rule 4:6-2. How Presented

Every defense, legal or equitable, in law or fact, to a claim for relief in any complaint, counterclaim, cross-claim, or third-party complaint shall be asserted in the answer thereto, except that the following defenses, unless otherwise provided by R. 4:6-3, may at the option of the pleader be made by motion, with briefs: (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) insufficiency of process, (d) insufficiency of service of process, (e) failure to state a claim upon which relief can be granted, (f) failure to join a party without whom the action cannot proceed, as provided by R. 4:28-1. If a motion is made raising any of these defenses, it shall be made before pleading if a further pleading is to be made. No defense or objection is waived by being joined with one or more other defenses in an answer or motion. Special appearances are superseded. If, on a motion to dismiss based on the defense numbered (e), matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided by R. 4:46, and all parties shall be given reasonable opportunity to present all material pertinent to such a motion.

IMHO 4:6-2(a) is key here.
« Last Edit: April 11, 2017 07:47:53 PM by The Litigator »

Bruno the JDB Killer

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #5 on: April 11, 2017 09:33:58 PM »
How much? Rules vary in SC. 3K or less has different rules.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #6 on: April 11, 2017 09:58:02 PM »
How much? Rules vary in SC. 3K or less has different rules.

It's just over $13k.  NJ too, not SC.

Bruno the JDB Killer

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #7 on: April 12, 2017 02:18:16 PM »
Okay, but Special Civil goes up to 15K. Did they actually file in Superior Court?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #8 on: April 12, 2017 02:31:33 PM »
Okay, but Special Civil goes up to 15K. Did they actually file in Superior Court?

It says Superior Court of New Jersey, Special Civil Part.

Bruno the JDB Killer

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #9 on: April 12, 2017 03:34:19 PM »
Okay, then use the Special Civil Court rules. There are a few subtle differences.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

tvaughn

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #10 on: April 20, 2017 09:56:59 PM »
I do have evidence of numerous consumer law violations by Selip as well.  Should I mention that when I send them proof of filing with JAMS and my MTC with the court?

Bruno the JDB Killer

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #11 on: April 21, 2017 02:23:01 PM »
Not to the court, no. All you want to do is get them to approve the MTC. Once you are in JAMS you can write up your violations.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Credit

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #12 on: April 21, 2017 03:21:35 PM »
Not to the court, no. All you want to do is get them to approve the MTC. Once you are in JAMS you can write up your violations.

Hey Bruno I'm new here but you seem to know your stuff and your answer here hits square in the question that inspired me to register here.

If someone wins their motion to compel, can they allege FDCPA violations in arbitration and seek those damages in JAMS?
« Last Edit: April 21, 2017 04:51:14 PM by Credit »

tvaughn

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #13 on: April 21, 2017 03:28:27 PM »
Not to the court, no. All you want to do is get them to approve the MTC. Once you are in JAMS you can write up your violations.

Ok.  I'm filling out my answer and I'm not sure what to put for why I claim I don't owe money to the plaintiff.  Choices are:

1. The good or services were not received.
2. The goods or services received were defective.
3. The bill has been paid.
4. I/We did not order the goods or services.
5. The dollar amount claimed by the plaintiff(s) is incorrect.
6. Other Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach
more sheets if you need to.)

The Litigator

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Re: being sued by Selip & Stylianou/Discover Bank
« Reply #14 on: April 21, 2017 04:53:42 PM »
Ok.  I'm filling out my answer and I'm not sure what to put for why I claim I don't owe money to the plaintiff.  Choices are:

1. The good or services were not received.
2. The goods or services received were defective.
3. The bill has been paid.
4. I/We did not order the goods or services.
5. The dollar amount claimed by the plaintiff(s) is incorrect.
6. Other Set forth any other reasons why you believe money is not owed to the plaintiff(s). (You may attach
more sheets if you need to.)

You are wasting your time and money IMHO.

Rule 6:3-1(5) an appearance by a defendant appearing pro se shall be deemed an answer.

I would be filing a MTC in lieu of an answer and waiting for a ruling. Then answering if necessary. Rule 4:6-2

 

credit