Oliphant Financial LLC, Lawsuit Defense in Florida

Loan Lawyers, LLC | December 17, 2021 | Credit Card and Debt Defense

Oliphant Financial is one of many debt buyers in the country that purchases debts, usually credit card debt, for much less than what the debt is worth. After the company has purchased the debt, it can then try to recover the full debt from the borrower and keep it as profit. In their attempt to collect on this debt, Oliphant Financial and companies like them may even file a lawsuit against a debtor to obtain a judgment to garnish their wages or place a lien on their property.

If you have received notice of a lawsuit that has been filed against you, you mustn’t ignore it. Failing to take action is essentially allowing Oliphant Financial to win its case automatically. A Florida debt defense lawyer can advise on the steps to take to protect your future and obtain a positive outcome in your case.

Who is Oliphant Financial, LLC?

Oliphant Financial, LLC is a legitimate debt collector. According to the Better Business Bureau, the company was founded in 1992 and they have been filing lawsuits against thousands of borrowers since that time. Oliphant Financial, LLC is based right here in Florida, but they take legal action against consumers across the country.

Just because Oliphant Financial, LLC is a legitimate company does not mean they always operate fairly. They often use harassing and threatening tactics to collect on debts, and they do not even always have the right to do so.

Oliphant Financial, LLC May Not Have Standing

For anyone to file a lawsuit, they must have standing. This means they must have lost something, or stand to lose something, and they are filing a lawsuit to recover it. In the case of Oliphant Financial, LLC, they must prove that they have the right to file a lawsuit to recover the debt they purchased from the original creditor. While this may sound like an easy thing for the debt collector to do, it is not.

The debt in question often changes hands several times. Oliphant Financial, LLC, may not have even purchased the debt from the original creditor, but another debt collector. Because the account is purchased and sold so often, the paperwork often becomes lost, and those documents are crucial to Oliphant Financial’s case. If they cannot present proof that they own the debt, and therefore have standing to pursue a lawsuit, they cannot win their case or recover on the debt.

The Fair Debt Collection Practices Act

Many laws protect consumers from debt collectors. One of the main laws that is often referenced in debt collection lawsuits is the Fair Debt Collection Practices Act (FDCPA). The FDCPA is federal legislation that protects all borrowers in the country. Under the Act, there are many things debt collectors cannot do when they are trying to collect on a debt. These include:

Call at certain times, namely before 8:00 a.m. or after 9:00 p.m.
Call you at your place of employment after you have asked them not to
Communicating only with your lawyer if you are working with one
Communicate with third parties, such as your family, neighbors, or employer about your debt
Stop contacting you in any manner, if you ask them to do so
Use threatening, violent, or profane language in any way
Harass or annoy you by calling repeatedly
Call to collect on the debt without informing you they are a debt collector
Advertise to the public that your debt is for sale
Misrepresent the amount of debt you owe
Threaten to take legal action if they have no intention of doing so

If Oliphant Financial, LLC violates your rights under the FDCPA, you have the right to pursue a lawsuit against them. If you are successful with your case, you can recover $1,000 in statutory fines and hold the company accountable for paying your attorney’s fees.

The Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA) is another federal law that protects consumers throughout the country. Under this law, debt collection companies are prohibited from contacting you using robocalls. Robocalls are calls made automatically by computers that can generate these calls all day long. It is fairly easy to identify when a company utilizes robocalls. When you answer the phone, you will either hear a pre-recorded message or have to wait for a long delay before a live person comes to the phone.

If Oliphant Financial, LLC has violated your rights under the TCPA, you can recover between $500 and $1,500 for every phone call you receive.

What to Do if Oliphant Financial, LLC Has Filed a Lawsuit Against You

Oliphant Financial, LLC sues thousands of debtors every year in the hopes that borrowers will simply ignore the lawsuit. Unfortunately, they count on this strategy because it works with so many debtors. When a person ignores the notification of the lawsuit, Oliphant Financial, LLC can obtain a default judgment against them. Essentially, this means they will ask the court to automatically rule in their favor, and the court will likely do so. If they obtain a default judgment against you, they may be able to garnish your wages, place a lien on your property, or even levy your bank account.

To prevent this action from being taken against you, you must speak with a Florida debt defense lawyer as soon as you are notified of the lawsuit. A Fort Lauderdale bankruptcy attorney can advise you of the possible defenses in your case and give you the best chance of a successful outcome.

Our Debt Defense Lawyers in Florida Can Defend You Against Oliphant Financial

If you have received notification that Oliphant Financial, LLC is suing you, you must speak to a Fort Lauderdale debt defense lawyer right away. At Loan Lawyers, we have helped thousands of clients successfully defend their lawsuits, and we want to put that experience to you. Call our Florida bankruptcy attorney today at (954) 523-4357 or contact us online to schedule a free consultation.