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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)

Citation
L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)
Parent Document
L.T.F. Financial Services, Inc. v. Silva, 95-1305 (1995) (1995)
Jurisdiction
Rhode Island (state)
Effective Date
1995-07-20

Full Text

726 chars
JURISDICTION
Defendant next argues that Plaintiff's complaint should be dismissed on the grounds of insufficiency of process. Defendant contends that the summons she received was issued pursuant to R.I.G.L. § 31-18-1, a statute which only applies where a rental agreement exists, and she should have been served pursuant to R.I.G.L. § 31-18.1-1, which covers all commercial leases and other estates. Conversely, Plaintiff argues that regardless of the form of the summons, the Defendant was properly advised of the nature of the controversy and the relief sought and as such the matter should not be dismissed on this ground. The parties' reliance on both statutes is misplaced since neither controls in the present situation.