tim p Posted October 10, 2021 Report Share Posted October 10, 2021 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 !!! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 10, 2021 Report Share Posted October 10, 2021 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? Quote Link to comment Share on other sites More sharing options...
tim p Posted October 10, 2021 Author Report Share Posted October 10, 2021 The original creditor is Prosper Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 11, 2021 Report Share Posted October 11, 2021 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. Quote Link to comment Share on other sites More sharing options...
tim p Posted October 11, 2021 Author Report Share Posted October 11, 2021 Thank you very much Clydesmom Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.