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How to Beat Oliphant Financial, LLC

Sarah Edwards | October 19, 2022

Sarah Edwards
Legal Expert
Sarah Edwards, BS

Sarah Edwards is a professional researcher and writer specializing in legal content. An Emerson College alumna, she holds a Bachelor of Science in Communication from the prestigious Boston institution.

Edited by Hannah Locklear

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.

They say nothing goes with PB quite like some Justice (or is it Jelly?).

Summary: Is Oliphant Financial, LLC suing you for a debt? SoloSuit can help you take a stand and win in court.

If you're being pursued for a debt by Oliphant Financial, LLC, you're probably sick of annoying calls and letters. You may not even know who they are, let alone why they think you owe them money.

Before agreeing to pay them any money, make sure that you understand what they are contacting you about. It's not uncommon for debt collection agencies to pursue people for debts they don't legitimately owe.

Who is Oliphant Financial, LLC?

Oliphant Financial, LLC is a legitimate debt collection agency based in Florida. They purchase debt from third parties and then attempt to recoup it from the original borrowers. The debt they purchase includes credit card receivables, retail private label cards, consumer loans, and various other types of debt.

When Oliphant Financial, LLC contacts a consumer, they'll likely try to collect the full amount. However, debt collectors commonly fail to validate their claims and don't have the resources to prove their case at trial.

Have there been complaints against Oliphant Financial, LLC?

Consumers have filed multiple complaints against Oliphant Financial, LLC. The company has a 1-star rating with the Better Business Bureau and 17 complaints over the past three years. Some of these complaints are serious.

One alleges that Oliphant sent a letter trying to collect a debt to a public figure who was a friend of the debtor. This letter violated the Federal Fair Debt Collection Practices Act. Debt collectors may not discuss details of the debt with anyone other than the consumer who owes it and their attorney (if they have one).

Another individual alleged that Oliphant contacted them and demanded they repay a debt of over $13,000. When the consumer reached out to Oliphant, they could not provide the individual with verification of the debt, what it was for, or any contract that substantiated it.

Can Oliphant Financial, LLC sue me or garnish my wages?

It is illegal for Oliphant Financial, LLC to threaten to sue you or garnish your wages if you do not pay the debt. Even though it goes against the FDCPA to make such threats, Oliphant Financial can still sue you if they actually have proof that you owe the debt that they purchased. They likely wouldn't sue you for a debt you may not owe, or they can't validate.

However, it's not unknown for companies to summon debtors to court and garnish wages using a default judgment. You'll need to protect yourself if you receive notice from Oliphant that they intend to sue you.

What should I do if Oliphant Financial, LLC threatens me with a lawsuit?

If Oliphant Financial, LLC threatens you with a lawsuit, you must know your rights. The Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and the attorney general's office protect consumers from wrongful debt and mistreatment.

If a debt collector from Oliphant Financial, LLC contacts you, you'll want to be prepared with your response.

Before answering any questions, make sure that the debt collector calling you is truly from Oliphant Financial, LLC. Some debt collectors may pretend to be part of Oliphant, but they may be someone else acting on their behalf. Ask them to provide:

  • Information associated with your account, including the account number, and your personal details
  • Details about them, including the name and address of Oliphant and the debt collector's professional licensing number

If they can't provide this information or are incorrect, you may be dealing with a scammer. Don't give them any details about your debt or who you are.

Ask Oliphant Financial, LLC to validate the debt

Legitimate debt collectors know that consumers have rights and protections under the Fair Debt Collection Practices Act. If you receive a call or a letter from them demanding repayment for a debt, make them prove that you owe it by sending a Debt Validation Letter.

This approach makes them work to develop the details regarding your debt and provide them to you. They can't legally continue to contact you until they've given you that information. In fact, most debt collectors give up after receiving a request to validate debt. To learn more about beating debt collectors by sending a Debt Validation Letter, check out this video:

What if Oliphant, LLC sues me?

If Oliphant, LLC starts a lawsuit against you, you'll need to file a written Answer immediately. SoloSuit can help you respond to the debt lawsuit in minutes. Failure to respond can lead to a default judgment being entered against you. With a default judgment granted by the court, Oliphant Financial can garnish your wages, freeze your bank account, and put liens on your property.

To respond promptly and properly, you should complete the following 3 steps:

  1. Respond to every paragraph in the Complaint
  2. Assert your Affirmative Defenses
  3. File the Answer with the court and send a copy to the plaintiff

Now, let's break down each of these steps. Don't like reading? Watch this video instead:

1. Respond to every paragraph in the Complaint

The Complaint includes several numbered paragraphs that lay out the lawsuit against you. For debt collection cases, there are usually between 10 and 30 numbered paragraphs. Read each paragraph and decide how you want to respond. You should respond in one of three ways:

  • Admit. Admit the paragraph if you agree with everything in the paragraph.
  • Deny. Deny the paragraph if you want to make the debt collector prove that it is true.
  • Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof. This is a lawyerly way of saying “I don't know.” Choose this option if you don't understand the paragraph or if you don't have the information needed to respond to it.

Choose one of these responses and write it into your Answer after the corresponding paragraph number.

Many attorneys recommend denying everything to force the other side to prove everything. This is a good strategy in many cases.

2. Assert your Affirmative Defenses

An “affirmative defense” is a reason why the person suing you doesn't have a case; it is your defense against the lawsuit. You must list these defenses in your Answer otherwise, you can't bring them up later. That's right, asserting your affirmative defenses is a once in a lifetime opportunity: if you don't bring them up now, you are legally prohibited from bringing them up later. Many online forms don't help you assert your affirmative defenses, SoloSuit does.

Here are some of the more common defenses we see:

  • The account with the debt is not your account
  • The contract was already canceled. Therefore you don't owe the creditor anything.
  • The statute of limitations has expired. A statute of limitations is a law that sets a deadline on an action.
  • 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.

These are a few of the many affirmative defenses. Being unable to pay the debt is not normally a legal defense to the debt.

3. File the Answer with the court and send a copy to the plaintiff

Once you have created your Answer, responded to the paragraphs in the Complaint, and asserted your affirmative defenses, you are ready for the final step: file your Answer. The Answer document by itself is worthless unless you file it properly. Otherwise, it's like doing homework and not turning it in. SoloSuit takes care of this for you so you don't have to worry about buying a printer and figuring out whether you need Certified Mail or Priority Mail at the Post Office.

Here's what you need to do to file your answer.

  • Print two copies of your Answer
  • Mail one copy to the court
  • Mail the other copy to the plaintiff's attorney.

The address for the attorney will be in the Summons and Complaint you received in the mail. But where is the address for the Court? Good question, most Summons don't list the address of the Court. And the mailing address is often different from the physical address of the court listed on Google. With SoloSuit, we figure all of that out for you and make sure your Answer gets to the right place.

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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