How to Beat Bluebonnet Financial LLC in Court
George Simons | October 19, 2022
You may have a debt, but you also have a defense.
Summary: Are you being sued by Bluebonnet Financial LLC for an old debt? Make the right defense and win your case.
Getting harassed by a debt collector with Bluebonnet Financial LLC is generally considered to be stressful and anxiety-inducing. Why? Because it is quite common for Bluebonnet Financial LLC and other debt collectors will utilize inappropriate and unethical tactics to try to get you to pay what is allegedly owed.
If you are being subjected to harassing behavior by Bluebonnet Financial LLC, it is important to understand that you do not have to put up with such behavior and threats. You have rights and protections pursuant to the Fair Debt Collection Practices Act, along with other laws.
Don't let aggressive debt collectors harass you. Respond with SoloSuit.
Multiple Complaints Filed By Consumers Against Bluebonnet Financial LLC
Consumers have in the past complained about the unethical and repulsive tactics used by Bluebonnet Financial LLC to collect debts. This debt buyer operates in Texas and has served many debtors with lawsuits, some of which are not to the Fair Debt Collection Practices Act (FDCPA) standards.
Most of the firm's lawsuits become default judgment since many debtors are usually unaware of what to do when served. Knowing what to do and what to avoid when presented with a letter, a call, or a social media message by Bluebonnet Financial LLC is crucial.
It helps you avoid expensive default judgments. It also gives you a better chance to have your case dismissed or strike a reasonable settlement deal.
Being informed of your rights as a debtor gives you the confidence to stand up for yourself when Bluebonnet Financial LLC uses unorthodox means to claim their debt. These unethical means may include offensive language, threats, contacting your family and friends, following you to your workplace, and false debt claims.
Sometimes debt collectors make false debt claims to extort money from unsuspecting consumers. The FDCPA has set out guidelines that debtors should follow, including how they should respond to lawsuits. One thing you should never do is dismiss or ignore a lawsuit.
Even if you are sure you don't owe Bluebonnet Financial LLC any money, always respond to their claim. Otherwise, the court will declare the lawsuit a default judgment, which may hurt your wages, bank account, and property.
When you don't respond to a debt collector's lawsuit, you may face the following:
- Your bank account may be frozen, and your funds emptied to settle the debt
- The court may interfere with the sale of your property
- Your possessions may be auctioned to pay off the debt
- You may face arrest
Protect your property by filing a response with SoloSuit.
Use the FDCPA to Stand Up to Bluebonnet Financial LLC
Debtors who are not well informed about their rights under the FDCPA may become prey to Bluebonnet Financial LLC. To avoid being tricked into a default judgment, take note of the following rules and regulations by FDCPA:
- Bluebonnet Financial has no right to contact you at work or ambush you at the workplace
- Bluebonnet Financial LLC should maintain an ethical and professional language when getting in touch on the phone, through a letter, or social media interaction
- Bluebonnet Financial LLC should not make threats about a court case
- The agency has no right to contact you before 8 AM and after 9 PM.
Within this time frame, you have the right to ignore their calls. With a better understanding of your rights as a debtor, you stand a chance to beat Bluebonnet Financial LLC in a court case.
How to Defend Yourself Against Bluebonnet Financial LLC
You need to respond to a lawsuit from Bluebonnet Financial LLC and within the court's stipulated time. It doesn't matter if it's valid or not; if you do not respond, you risk losing money anyway through a default judgment.
In response to a Bluebonnet Financial LLC claim, do the following:
- Even if you owe them, do not admit the alleged debt. Instead, ask them to provide enough evidence that you are the legal debtor
- Ensure you file an answer through your local Clerk of the court within the stipulated time frame; missing the deadline warrants a default judgment.
- Send your court-stamped response to Bluebonnet Financial LLC through mail
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
Effective Defenses to Utilize in Your Answer
Before the court rules in favor of Bluebonnet Financial LLC, they must prove that you owe the debt and that the amount quoted in the claim is the exact amount owed. Failure to prove this automatically warrants lawsuit dismissal, and you will win the case.
Bluebonnet Financial LLC must prove the following:
- The firm has the right to sue you
- You are the legal debtor
- The debt in the lawsuit is the exact amount you owe
Besides, you could use the statute of limitations approach to challenge the claim. If you tell the court that Bluebonnet Financial LLC filed the lawsuit after the statute of limitations had expired, you could win this case.
Bluebonnet Financial is required to file a debt claim against you up to four years from the date you made your last payment. This time frame is referred to as the statute of limitations.
If the firm sues you after the deadline, you could use this defense against them to win the lawsuit. Also, if your records prove that Bluebonnet Financial LLC filed a complaint after the expiration of the statute of limitations, you could file a motion to have the judge dismiss the case.
Another option you may pursue in your defense is filing a countersuit. However, you must prove to the court that Bluebonnet Financial LLC went against the provisions of the FDCPA. If you win against the debt collector in the countersuit, they will compensate you for damages and clear the legal fees.
What to Do If Bluebonnet Financial LLC Takes You to Court
If the debt collection company takes you to court, follow these steps:
- Record all communication you have with the debt collector, the calls made before 8 AM and after 9 PM, visits to your workplace, and repulsive language during your interactions.
- Ensure you mail your response to Bluebonnet Financial LLC within the stipulated time frame as laid out in the court notice.
- Challenge the debt collector to prove that you are the legal debtor and the amount in the claim is the exact amount you owe. If the firm cannot provide viable evidence that this is true, the odds of you winning the lawsuit are high.
- Prove to the court that Bluebonnet Financial LLC missed the statute of limitations deadline in the lawsuit. The court will dismiss the case if the evidence provided is verified.
- Present facts that the debt collector violated the FDCPA, and file a counterclaim.
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
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
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