How to Beat Phoenix Financial Services

George Simons | October 19, 2022

Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

When you beat Phoenix Financial Services ^^

Summary: Is Phoenix Financial Services suing you for a debt? SoloSuit can help you know your rights, take a stand, and win in court.

If you are being subjected to harassment by a debt collector associated with Phoenix Financial Services, it is perfectly understandable if you are feeling stressed, frustrated and anxious about the future. Phoenix Financial Services, like many other debt collection companies, often utilize aggressive and troublign tactics to try and compel you to repay the debt you allegedly owe.That is why Phoenix Financial Services may call you on your phone multiple times each day, try to connect with you on Facebook, Twitter, or another social media platform and they will probably send you threatening letters in the mail.

What is Phoenix Financial Services?

Phoenix Financial Services is a debt collection agency based in Indiana (specifically Indianapolis) that has been in business since 2014. The company focuses on third party debt collection and is listed as a domestic limited liability company. According to the Indiana Secretary of State's Office, Phoenix Financial Services maintains a perpetual business license with five full-time employees and annual revenue of close to $500,000.00.

Phoenix Financial Services has bad reviews

The reputation of Phoenix Financial Services is not good. Why? Because the debt collection agency has received numerous complaints filed by consumers who alleged the agency violated the Fair Debt Collection Practices Act (FDCPA). For example, consumers have reported improper contact or sharing of information by debt collectors affiliated with Phoenix Financial Services. In addition, consumers have reported being threatened by Phoenix Financial debt collectors with actions the agency could not actually take.

Let's get more specific.

Phoenix Financial Services has more than 1,100 complaints listed against it on the Consumer Financial Protection Bureau's complaint database. In the past three years, Phoenix Financial Services has received more than 130 complaints on its Better Business Bureau profile.

These complaints involve the following actions by Phoenix Financial Services:

Reporting inaccurate information to the credit bureaus.
Trying to collect a debt in the wrong amount.
Calling to discuss a medical debt and hanging up when asked to verify the debt.
Violating cease and desist orders.
Reporting fraudulent debts, as a result of identity theft, to the credit bureaus.
Failing to validate debts.

Let's take a closer look at an example.

Example: A consumer, let's call him Tommy, reached a settlement with Phoenix Financial Services. He sent a cashier's check for $158.40 to the company with a letter that outlined the terms and conditions of the settlement. As part of the settlement, Phoenix Financial Services agreed to remove the account from all the credit reporting agencies. Phoenix Financial Services failed to uphold their side of the deal until Tommy submitted a formal complaint with BBB.

If you have received threatening emails, letters, and/or phone calls from Phoenix Financial Services, do not fret. Keep reading to learn more about your rights as a consumer, as granted by the Fair Debt Collection Practices Act.

Know your rights when Phoenix Financial Services contacts you to collect a debt

Phoenix Financial Services is known for attempting aggressive tactics against people who are unaware of their legal rights under the Fair Debt Collection Practices Act. The FDCPA states guidelines and rules that dictate how debt collectors can act. Some of the restrictions on companies such as Phoenix Financial Services include:

Debt collectors are not allowed to contact you at your place of employment.
Debt collectors are prohibited from threatening you with a lawsuit.
Debt collectors cannot contact you prior to 8:00 AM in the morning or after 9:00 PM at night.
Debt collectors cannot use rude or vulgar language when talking to you on the phone or in emails or texts.

If you are a victim of any of these debt collection practices, file a report with the CFPB, FTC, or your state's attorney general. You might even consider filing a counterclaim, because you could be eligible for up to $1,000 in compensation per FDCPA violation.

Defend yourself if Phoenix Financial Services sues you

The first step to winning a debt lawsuit against Phoenix Financial Services is to file a written Answer to the case. This is where most people mess up. Many consumers aren't sure how to respond to a debt lawsuit, so they ignore it. Next thing they know, a default judgment is entered against them and their wages are being garnished.

You can avoid a default judgment when you respond to your case against Phoenix Financial Services. Follow these three steps to respond:

Answer each issue listed in the Complaint document.
Assert your affirmative defenses.
File the Answer in court, and send a copy to Phoenix Financial Services.

Now, let's break down these steps a little further. Don't like reading? Check out this video instead:

1. Answer each issue listed in the Complaint document.

When you're sued for a debt, you should receive a Summons and Complaint. These are legal documents that notify you of a debt lawsuit and list the specific claims against you. When you make your Answer document, the first and most important thing you'll do is include a section where you respond to each claim from the Complaint, individually.

Answer each claim by using one of the following responses:

Deny the claim—like saying, “prove it.”
Admit the claim—like saying, “this is true.”
Deny due to lack of knowledge—like saying, “I don't know.”

Most attorneys suggest that you deny as many claims as possible. This forces Phoenix Financial Services to do more work to prove their case. If you admit everything, the court will side with Phoenix Financial, and you will probably lose.

Draft your Answer in minutes with SoloSuit.

2. Assert your affirmative defenses

After you've responded to each claim, add a section for your affirmative defenses. These are legal reasons that Phoenix Financial Services should lose the case. Here are some common examples of affirmative defenses for debt lawsuits:

The account with the debt is not your account.
The contract was already canceled. Therefore you don'Howt owe the creditor anything.
The statute of limitations has expired. A statute of limitations is a law that sets a deadline on an action. Creditors and debt collections agencies can only sue you for a debt if they are within this deadline. Read our section on the statute of limitations below to learn more.
The debt has been paid or excused.
The debt has been partially paid.
You were a co-signer but were not informed of your rights as a co-signer.

This is your turn to give your side of the story. Keep in mind that you only have one chance to declare your affirmative defenses, and that's in your Answer. If you skip this opportunity, you won't be able to bring it up in court later on.

Make the right defense the right way with SoloSuit.

3. File the Answer in court, and send a copy to Phoenix Financial Services.

With a completed Answer document, you're ready to submit your case to the court. File your Answer before the deadline which is 14-35 days, depending on which state you live in. Some courts require you to file your Answer online, while others accept it through the mail or in person. Make sure to sign your Answer document, because most courts with reject any legal documents without signatures.

After you've filed your Answer, print a copy and send it to the attorneys representing Phoenix Financial Services. Their address and contact information should be listed in the Summons document. Send the Answer via certified mail with a return receipt requested. This can serve as documentation that you properly delivered your Answer to the opposing side.

SoloSuit can help you file your Answer in all 50 states.

Summary: Take these actions if you are sued by Phoenix Financial Services

Here's a quick recap of actions to take if Phoenix Financial Services sues you:

Know your rights under the FDCPA.
Write down any telephone call details if they call you before 8 am or after 9 pm. Also, write down if they contact you at work and/or use abusive and threatening language.
Draft a written Answer where you respond to each claim being made against you.
In the Answer, think about raising at least one affirmative defense, such as the statute of limitations. Also insist that Phoenix Financial Services provide proof of the amount you owe and that you are the one who owes the debt.
File your Answer within the required timeframe, or you will lose the case by default.
Send a copy of your Answer to Phoenix Financial Services.

Debt collection lawsuits are no fun, but don't despair. With the assistance of Solo Suit, you can beat these shady companies at their own game. And you might even get them to pay compensatory damages if they violated the FDCPA.

Best of luck!

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

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"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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