Who is jefferson capital systems llc — How to win in court

George Simons

August 12, 2020

If you are the swimmer, and Jefferson Capital Systems is the Gator, then SoloSuit is the Elbow-Drop Guy.

Summary: Sued for a debt by Jefferson Capital Systems LLC? This guide is for you. Use SoloSuit to respond in 15 minutes.

Receiving a notice from a debt collection company like Jefferson Capital Systems LLC can be a harrowing, anxiety-inducing event. Why? Because that notice is often followed by a deluge of harassing phone calls and correspondence from debt collectors using questionable tactics to try and extract funds from you for the amount allegedly owed.

When you receive the debt collection notice, you may ask yourself, “who the heck is Jefferson Capital LLC?” Well, Jefferson Capital is a company that actively purchases charged off debt from other companies. They will then use their vast resources to try and collect on the debt, including potentially filing a lawsuit. In most cases, Jefferson Capital LLC will retain the services of a local debt collection attorney to pursue the lawsuit against you.

If you are being subjected to multiple phone calls from a Jefferson Capital debt collector, or have been served with a lawsuit, SoloSuit stands ready to help you during this stressful time. We have compiled important information to help simplify debt collection lawsuits so you know what to expect and advice on how to prevail against debt collection companies like Jefferson Capital Systems LLC.

Thousands of Consumer Complaints Filed Against Jefferson Capital Systems LLC

The Better Business Bureau received close to 1,400 consumer complaints against Jefferson Capital Systems between 2016 and 2019. More than 400 of those complaints were filed in 2019 alone. Many consumers highlighted serious issues with billing and collection practices. A number of complaints against Jefferson Capital Systems LLC have also been filed with the Consumer Financial Protection Bureau (“CFPB”).

If you receive a debt collection notice, or are served with a debt collection lawsuit, from Jefferson Capital, do not fret. You have legal rights in debt collection proceedings and can take steps to defend yourself against the allegations contained within the lawsuit.

Overview of Your Legal Rights When Dealing with a Debt Collection Company Like Jefferson Capital Systems LLC

A number of debt collection companies, including Jefferson Capital Systems LLC, routinely try to take advantage of consumers since they assume that most people are unaware of the legal rights afforded under the Fair Debt Collection Practices Act. As a result, many debt collectors will utilize highly questionable tactics or engage in downright harassing behavior in an effort to collect on the outstanding debt.

A great way to combat these inappropriate practices is to understand your legal rights and deploy them to defend yourself. For example, here are a number of actions that debt collectors CANNOT do pursuant to the Fair Debt Collection Practices Act:

  • A debt collector cannot call your home or mobile phone prior to 8:00 A.M or 9:00 P.M.
  • A debt collector cannot contact you at your place of employment
  • A debt collector cannot use vulgar language during a phone call with you
  • A debt collector cannot threaten you with legal action.

Strategies You Can Use to Fight Back Against Jefferson Capital Systems LLC

If you discover a collection or charge off on your credit report from Jefferson Capital, there are specific actions you can take to get it removed from your credit report. This is important because a collection or charge off on your credit report can result in your overall credit score suddenly plummeting.

First and foremost, when you discover the collection or charge off entry on your credit report, immediately file a dispute with the three major credit bureaus (i.e. Transunion, Experian, and Equifax). Once you file the formal dispute, the credit bureaus are obligated to conduct an investigation into the veracity of the collection effort (which is usually completed within 30 days).

Request a Debt Validation from Jefferson Capital Systems LLC

Along with filing a dispute with the major credit bureaus, you should also affirmatively demand a debt validation from Jefferson Capital Systems LLC. Please be advised that you possess a statutory right to demand a debt validation pursuant to the Fair Debt Collection Practices Act.

When you request a debt validation, the debt collection company must then provide documents and other evidence to substantiate the collection effort. The company must produce evidence within 30 days of receiving your validation demand. If the debt collector cannot provide sufficient evidence, the negative entry should be removed completely from your credit report.

How to Defend Yourself and Take on Jefferson Capital Systems LLC in a Debt Collection Lawsuit

If you are served with a lawsuit by a representative of Jefferson Capital Systems, it is extremely important to take action and defend yourself. First and foremost, when a debt collector files a lawsuit, they will file a formal “Complaint” against you, the alleged debtor.

The debt collector then has a legal obligation to serve you with the Complaint. Once you are served, the proverbial clock begins to run on you filing an “Answer” in response to the Complaint. Here is some advice when drafting your Answer:

  • Do not admit liability for owing the debt. Why? Because the creditor bears the burden to prove that the outstanding debt is your responsibility.
  • Make sure to file the Answer with the Clerk of Court in a timely manner (typically within 20 or 30 days after you are served with the Complaint).
  • Request a stamped copy of the Answer from the Clerk of Court and mail this stamped copy to Jefferson Capital Systems LLC.

SoloSuit makes it simple to respond the right way.

Affirmative Defenses to Raise in Your Answer to Jefferson Capital's Complaint

When responding to Jefferson Capital's Complaint, be sure to remember that, in a debt collection lawsuit, the burden of proof in establishing liability for the debt falls on the debt collector, not you (the alleged debtor).

Essentially, this means the debt collector carries the legal burden to establish the following:

  1. You are the individual responsible for the debt;
  2. The debt collector possesses the legal right to sue you; and
  3. You actually owe a specific amount to Jefferson Capital Systems LLC

Another affirmative defense you should consider raising is the expiration of the applicable statute of limitations. You may be asking yourself, “what is a statute of limitations?” Well, the statute of limitations is a fancy legal term that basically means the amount of time someone has to file a lawsuit against another person or company. It is important to note that the statute of limitations will vary depending on the state in which you reside.

SoloSuit helps you make the right defense the right way.

In addition to raising the statute of limitations as an affirmative defense, you should consider the viability of filing a “Countersuit” or “Counterclaim” if you have evidence that Jefferson Capital Systems LLC violated a provision of the Fair Debt Collection Practices Act. If you have such evidence, you could be eligible for compensatory damages and reimbursement of your legal fees.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.

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Key Takeaways when Battling Jefferson Capital Systems LLC

Here is what you need to do if you receive a debt collection notice or debt collection lawsuit from Jefferson Capital Systems LLC:

  • If you do not recognize or have no idea why you are being pursued for the outstanding debt, be sure to file a formal dispute with the three major credit bureaus (i.e. Transunion, Equifax, and Experian).
  • Demand a debt validation from the debt collector
  • Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
  • If Jefferson Capital files a debt collection lawsuit, make sure you file your Answer in a timely manner.
  • In your Answer, make sure to raise affirmative defenses like the statute of limitations and demanding that the debt collection company provide proof of the specific amount owed. You should also consider filing a countersuit for any violations committed by Jefferson Capital of the Fair Debt Collection Practices Act.

Best of Luck!

Additional Resources

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit.

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