The problem is Avant/Web Bank is an internet based company not FL which changes the interest rate restrictions. The laws of FL do not apply in regards to the rate. WebBank is incorporated in Utah. Your next major problem is "usury" interest rates only apply when there is no contract. When there is a written contract between the parties then higher than statutory interest rates can be charged if both parties agree to the rate.
Your next major problem is this is a business loan. That FL cap is for personal credit not business. Usury does not apply to business loans. You cannot use it as a defense.
Because they are suing you based on your personal guarantee of a business loan they have to sue you where you currently are. Avant is internet based so the laws of FL will not apply. Even then it doesn't matter. You cannot use usury interest as a defense for a business loan regardless of what state they sue you in.
He is trying to get you to understand there is a huge downside to arbitration for business debts. Consumer laws do not apply. When a consumer chooses arbitration for a debt from personal credit their expense is capped at $200 or $250 maximum out of pocket expenses depending on which arbitration firm he/she chooses. If they lose the cost of the entire arbitration process cannot be shifted to them. The creditor pays the bulk if not all the expense. That is NOT true for business debts. The costs can be split 50/50 between the two parties or in a worst case scenario the losing party gets stuck with the entire cost. Arbitration can cost anywhere from$35,000 to upwards of $100,000 or more depending on how deep it goes and how long it takes. Oh, and you don't pay at the end. You have to pay as the expenses come in. As in, it is $X amount to file the case and then when it comes time to pick an arbitrator you now owe another $5k and nothing happens until both sides pay it. Do you have that kind of money to see it through to the end if your motion is granted? Can you afford to lose and be saddled with the entire cost?
Here is what you keep trying to ignore: you are being sued for a business debt. You are reading the advice given to consumers being sued for personal debt. Two entirely different legal premises. Why have you been treated differently? Well for starters the amount of out of control complaining you have done about the amount of money and the interest rate. The time to be concerned about that was BEFORE you signed the loan contract and took the money. NOT after the business failed and you defaulted. If you thought the interest rate was usury then you should have declined. You made a conscious and informed choice to take out the loan. It isn't Avant or Velocity's problem the business failed. If they didn't try to recoup all their debts their business would fail too.
You cannot try your case the same way a consumer would. You have already made one major mistake in filing your motion to compel in advance when being sued in Magistrate Court. You haven't bothered to educate yourself on the rules of civil procedure for Magistrate Court.
So here is my advice as someone who lived in GA for 17 years and is familiar with Fulton County Magistrate Court. You need to re-think your arbitration strategy because given that this is a business loan the consumer rules will not apply and unless you have a spare $50,000 lying around you cannot afford that route. The Magistrates in Fulton County are REAL judges with tons of legal experience. They are not going to be cavalier about the law. They will likely hold you to a more rigid standard because this was a business loan.
If you want to attempt the usury interest argument then you better have plenty of case law from GA and Utah to support your claim. I say both because you are being in sued in GA and the contract likely says the laws of Utah apply.
You need to read EVERY sentence of the loan agreement you signed and be acutely familiar with it especially where it says what state laws apply to the agreement.
Last: when you go in to Fulton County Magistrate Court drop the butt hurt "wahhh my business failed I shouldn't have to pay back the loan I took out" whiny approach. The Magistrates will have zero tolerance for it. Don't believe me? Try it. I dare you.