August 12, 2020
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.
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.
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:
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).
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.
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:
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:
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.
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.
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.
"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
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.
Here is what you need to do if you receive a debt collection notice or debt collection lawsuit from Jefferson Capital Systems LLC:
Best of Luck!
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