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Help with Motion to Compel and Answer


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Hello, please help! I'm currently being sued by Velocity also for an unsecured loan from Prosper & Webbank.  However, I wasn't served in the physical.  I answered my RING app and never identified myself as the person being served.  I only responded that noone was home.  When I arrived home, I discovered the Summons was laying in a chair on the porch.

They have included a copy of the Promissory Note and Borrower Registration Agreement and both indicate that any claim shall be resolved by binding Arbitration administered by the AmericanArbitration Association or JAMS.  

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1 hour ago, Way313 said:

I'm currently being sued by Velocity also for an unsecured loan from Prosper & Webbank.  However, I wasn't served in the physical.  I answered my RING app and never identified myself as the person being served.  I only responded that noone was home.  When I arrived home, I discovered the Summons was laying in a chair on the porch.

You were properly served.  Despite the arguments in the first thread you posted in the service was legal.  The process server can honestly testify that he spoke directly to you via the doorbell camera and you refused to come to the door and he truly believed you were evading service.  This allows him to leave the papers on the doorstep as he did.  It is not incumbent on the process server to verify that you are being truthful when you say you are not home via video chat.  You knew he was there, you knew why, and you got the papers:  you were properly served.  

2 hours ago, Way313 said:

They have included a copy of the Promissory Note and Borrower Registration Agreement and both indicate that any claim shall be resolved by binding Arbitration administered by the AmericanArbitration Association or JAMS.  

CAN or SHALL be resolved by arbitration?  Few conracts require arbitration over court only.  In FL it is often better to respond with a motion to compel arbitration rather than an answer.  In order to ensure you don't accidentally waive your rights to arbitration you might want to do a free consult with a consumer attorney to ensure your answer or motion protects that right.

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13 hours ago, Clydesmom said:

The process server can honestly testify that he spoke directly to you via the doorbell camera and you refused to come to the door and he truly believed you were evading service

@Way313 not only this, but in order to even be able to argue service was improper, you would have to let them get a default judgment first. Then, if you are successful in arguing service was improper, all they have to do is reserve you.

Evading service is one thing. Once they serve you, proper or otherwise, it's a whole different ballgame. 

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