Jefferson Capital Systems Debt Lawsuit in South Florida

It is always unsettling to receive a notice from a debt collection company, particularly if that collector is Jefferson Capital Systems. After receiving the notice, you can likely expect a flood of harassing phone calls and letters from Jefferson Capital Systems, and they will use questionable tactics to try and recover the amount they claim you owe. Jefferson Capital is a debt collection company that purchases consumer debt from the original creditor for pennies on the dollar. Any money they recover from you goes towards their bottom line.

Like other debt collection companies, Jefferson Capital Systems will try many tactics to try and recover the debt, including filing a lawsuit against you. If someone from the company has already started calling you, speak to a Fort Lauderdale debt defense lawyer who can advise you on what to expect, and how to prevail against the company.

Complaints Against Jefferson Capital Systems

Between 2016 and 2019, there were 1,400 complaints filed with the Better Business Bureau against Jefferson Capital Systems. Over 400 of those complaints were filed in 2019 alone. The company has also had complaints filed with the Consumer Financial Protection Bureau (CFPB). The majority of the complaints focus on billing issues and the practices used by the company when trying to collect on debt. Other consumers have complained that Jefferson Capital Systems has reported them to the credit bureau for a debt they did not owe.

If you have started to receive calls or letters from the company, or have been served with a lawsuit, do not panic. There are several defenses available in debt collection lawsuits that can stop the calls, and correct the issue.

Jefferson Capital Systems is Often in Violation of the Fair Debt Collection Practices Act

It is not uncommon for debt collectors such as Jefferson Capital Systems to try and take advantage of borrowers. They assume that most people are not aware of the rights they have under the Fair Debt Collection Practices Act. Oftentimes, this is the case and so, the company makes harassing phone calls or uses threatening behavior in an attempt to collect on the debt.

This is why it is so important that everyone understands their rights under the FDCPA.

Under this Act, Jefferson Capital Systems cannot:

• Call you before 8:00 a.m. or after 9:00 p.m. local time in South Florida
• Call your place of employment to harass you about the alleged debt
• Use inappropriate or vulgar language when speaking with you
• Threaten you with legal action if they do not intend to follow through on the threat

Removing Debt from Your Credit Report

Many of the complaints against Jefferson Capital Systems are that they report debt to the major credit bureaus when consumers are not legally responsible for that debt. As such, it is important to know how to get the debt off your credit report so your credit score does not suddenly drop due to debt you do not owe.

The first thing you should do is always obtain a copy of your credit report from the three major bureaus – Equifax, TransUnion, and Experian. Review it to ensure all the information is accurate, and only reflects debts you are responsible for. If there is an entry for Jefferson Capital Systems and you do not believe it is valid, contact the credit reporting bureau that is showing it on your report. These companies are legally obligated to investigate the matter and determine the legitimacy of the debt collection effort. These investigations are typically resolved within 30 days.

Ask Jefferson Capital Systems to Validate the Debt

Under the FDCPA, you have the legal right to ask Jefferson Capital Systems to verify the debt, meaning they must show that the debt is yours. You can work with a debt defense lawyer in South Florida that will send the company a demand letter, asking for the verification.

After asking the company to validate your debt, they must do so within 30 days of receiving the demand letter. If they cannot provide the appropriate documents and other evidence within that time, they must remove the account entirely from your credit report and stop contacting you to try to recover the debt.

How to Answer a Jefferson Capital Systems Debt Lawsuit

The debt collection lawsuit process begins when Jefferson Capital Systems files a complaint against you. They must then properly serve you with the complaint, which will also contain a summons that tells you of your court date. After you are served with the complaint, you then have only 20 to 30 days to answer the complaint.

It is important to keep the following tips in mind when drafting your answer:

• Do not admit that you are responsible for the debt, even if you think you might be. The burden of proof is on Jefferson Capital Systems to prove that you own the debt.
• Deny anything in the complaint you believe is untrue.
• File your answer with the clerk of court in the timeframe required.
• Ask the clerk of court for a copy of the answer and mail it to Jefferson Capital Systems, LLC.

An Affirmative Defense to a Jefferson Capital Systems Debt Lawsuit

There are many defenses available in debt collection lawsuits. Some of these involve the debt not being yours, or Jefferson Capital Systems not being able to prove that they rightfully own the debt. Other defenses are known as affirmative defenses, in which you admit you own the debt but also show the company can no longer try and collect on it.

One of these is the statute of limitations on debt collection lawsuits, which is five years from the day you took out the debt or last made payment. If more than five years have passed, the company has forfeited the right to sue you and must stop trying to collect on the debt.

Our Debt Defense Attorneys in South Florida Can Help with Your Jefferson Capital Systems Debt Lawsuit

If Jefferson Capital Systems has filed a lawsuit against you, our Florida bankruptcy attorney at Loan Lawyers can defend against it. Call us today at (954) 523-4357 or contact our Fort Lauderdale bankruptcy attorney online to schedule a free consultation and to learn more about how we can help with your case.