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sued by velocity in Georgia


tim p
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I received a summons from Ragan & Ragin atty. representing velocity for $10,000 debt. I answered the summons. I later received a letter from the Attorney offering me a payment plan. It didn't state any terms. Should I contact them to negotiate the amount ?. What other options do I have? I know I can't file for arbitration , because is been filed in Magistrate court... Help !!!

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10 hours ago, tim p said:

I received a summons from Ragan & Ragin atty. representing velocity for $10,000 debt. I answered the summons. I later received a letter from the Attorney offering me a payment plan. It didn't state any terms. Should I contact them to negotiate the amount ?. What other options do I have? I know I can't file for arbitration , because is been filed in Magistrate court... Help !!!

You can't file a motion for arbitration in ADVANCE of the trial date.  Magistrate Court does not allow discovery or motions in advance.  You can bring 3 copies of the motion with you and start your case with it.  Who is the original creditor and/or JDB?

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Prosper does have an arbitration clause.  I would type up a motion to compel with all your details and bring it to the hearing.  Make sure to have 2 additional copies.  The day of trial the Magistrate will send everyone to the hallway to try and settle this themselves.  Those that don't go back and immediately are heard.  In the hallway you give the MTC to the lawyer and stand firm this is what you want.  They may agree.  If they do then they need to dismiss or stay pending arbitration.  Get the Magistrate to sign the motion(s) so you have that leverage when you file in JAMS or AAA.  That way if they don't pay their fees they can't try and go back to court.  You need to file once you get the MTC approved.  Show you are serious.  The goal is not to arbitrate but to get them to abandon the case when they realize the expense.  Keep in mind for $10k they may just do it.  

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