BadDebtBeGone Posted March 3 Report Share Posted March 3 Hello everyone, just a regular guy here needing some expert advice and/or feedback please I received a Summons & Complaint from Velocity Investments, LLC from their attorney in Rhode Island. The Complaint states the following: 1. Defendant entered into a contract with Cross River Bank and was issued a Loan serviced by Upstart Network Inc. 2. The loan was assigned to Plaintiff. 3. Defendant has breached the terms of said contract by reason of failure to make repayment to Plaintiff as required there by. 4. Defendant is indebted to Plaintiff in the amount of $10784.34 I received a Superior Court Summons stating, as per Rule 13(a), my answer must state any counterclaim or will be barred from making such claim in any other action. Next 2 pages attached are Proof Of Service that are not completed. Then the 4 line Complaint and a right to have interpretor doc following. There are no docs supporting such claim. No original contract, no chain of title, no promissory note, no bill of sale... Absolutely nothing!! Is that enough to add a Motion to Dismiss in my answer? Are they required to submit docs validating their Complaint at this stage? Also, I am going out of town for business next week for 10 days and then again for 5 days immediately thereafter... Should I mention this in my answer? I don't want to be sent documents and not be here to reply in a timely manner. Should I mention anything about possibly submitting MTC arb in my answer or should that be mentioned separately after my answer? Is usury argument possible? I believe the RI penalty for usury would make contract void. Also... if I did sign anything ever it was electronically and in Massachusetts. I've read sooo many different insights I'm starting to confuse myself and don't know which is the correct way to proceed... Again, any advice and /or guidance would be greatly greatly appreciated and please let me know if you need any other information from my side. Thanks in advance Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.