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Velocity Investments LLC/Avant Webbank

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Date of loan: June 16th, 2016

Date served: December 27th, 2019

Amount :  $4275.00

Original creditor: Avant Webbank

JDB: Velocity Investments LLC

Law firm: Berndt & Associates P.C

SOL: 6 years

Looking for any help with this case. I have 21 days to file an answer. Any help would be greatly appreciated.

I have included everything they provided me at time of service. Redacted ofcourse.

Velocityredacted.pdf

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Yes it is attach in the complaint and provided (velocityredacted.PF) above.

6 minutes ago, Harry Seaward said:

Do you have a copy of the original contract? Arbitration is going to be your best bet if it's available in the original agreement. 

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

 

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The arbitration clause starts at paragraph 20 on the agreement, and it's a sweetheart deal. It covers all claims, including applicability/validity of the clause itself, and affirmatively limits your cost exposure to what you have had/will have to pay in court.

Read through the first few posts in the link i provided above to get info on how to use arbitration to leverage Velocity to dismiss. 

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So i got this in response to my notice of arb election. I have not even filed a MTC yet. So my question is: Do i still have to file MTCA if we both agree to arb before Pretrial? Or should i have a Order ready for the judge to sign at pretrial to stay? Response attached.

velocity response redacted.pdf

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Just an update. An Attorney hired by the Attorney representing Velocity Investment appeared at pretrial. The Judge openly admitted that he has never sent a case to arbitration and didn't know how to proceed. I ended up walking out of there with a motion to stay. The judge agreeing to 60 days to file the arbitration. Velocity investment agreeing on the record to pay all arbitration fees including advancing the filing fee. Plus once the arbitration starts the Judge agreed to dismiss the case with prejudice. So to work i go on filing the arb. 

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