Patrick Austin is a licensed attorney with a background in data privacy and information security law. Patrick received his law degree at George Mason University's Antonin Scalia Law School, where he served as the Editor-in-Chief for the National Security Law Journal.
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.
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.
Summary:
If AFNI Collections contacts you, don't panic. Validate the debt, know your rights under FDCPA, and
negotiate a settlement. SoloSettle can help.
When you feel weighed down by debt collectors, remember that there's help. Debt collection is heavily regulated, and
for a good reason. These regulations mean you have rights and options when being contacted by a debt collector such
as AFNI Collections.
If AFNI has contacted you, do not ignore their outreach. Engage with them and consider possibly trying to achieve an
amicable resolution, like a negotiated debt settlement. Know your rights so you can have a productive conversation
and know what to expect when you answer that call from AFNI Collections.
Settle debt with AFNI Collections
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
What are my rights when dealing with AFNI Collections?
Thanks to the improvements in many debt collection laws, consumers are more protected now than ever. The most recent
FDCPA
regulations curb malpractices by debt collection agencies. For example, a debt collector must now provide
most of the information they previously asked for from consumers. The caller and not the consumer should now supply
details like your name, address, contact information, etc.
The Fair Credit Reporting Act-FCRA
also requires that your credit information, including debts in collections, is shared fairly and accurately. No debt
collector should discuss details of your debt with unauthorized third parties like family or workmates. They also
cannot share false or inaccurate information with credit bureaus. What is more, if AFNI violates your rights, you
can report them to the Fair Trade Commission (FTC).
Electronic Fund Transfer
Act (EFTA) also protects your money. Debt collectors cannot automatically transfer money from your account
to pay the debt without your permission. These regulations protect your hard-earned money from fraudsters and put
you in control of how and when you pay your bills.
When a debt collector comes calling, remember you have these basic rights:
They can't threaten or harass you.
The caller must give their full name, the name of the company they are calling for, address, active phone
number, and company license number.
The debt collector can't threaten you with legal action that they don't plan to take.
They cannot ask for private information like your Social Security number.
They can't call you past 9:00 pm or before 8:00 your local time.
The caller can't use profane or derogatory language when speaking to you.
What is AFNI Collections?
Anderson Financial Network, Inc. (AFNI) is a legitimate debt collection agency that has been in business since 1938.
You may not recognize AFNI at first as they are not creditors. They collect old debts on behalf of their clients.
Below is the contact information for AFNI Collections:
Phone: 866-352-0479
Address: P.O. Box 3517, Bloomington, IL 61702
Business Offices: 866-377-8844
Email: solutions@afni.com
Who does AFNI Collections collect for?
AFNI Collections collects for large companies like T-Mobile. Also, because debt collectors buy and sell debts among
themselves, you may find yourself working with AFNI instead of a previously known debt collector.
Read AFNI Collections reviews online
Looking for info about what other people have shared about their debt collection experience with AFNI Collections?
If so, then take a moment to check out these legit online reviews:
Objectively speaking, the online reviews of AFNI Collections are a mixed bag. Nevertheless, it is recommended you
take proactive steps to engage with AFNI Collections in an effort to resolve your debt collection matter. It is
quite common for debt collectors, including those affiliated with AFNI Collections, to be willing to resolve your
debt issue in an amicable manner, such as through a negotiated debt settlement.
Validate every debt with AFNI
Each time AFNI contacts you about a debt, verify that the debt is yours and the information is correct.
AFNI should reach you in writing to verify the debt within five days of the first contact. Once you get that letter,
send back a debt validation letter.
If possible, use certified mail so that you can prove they received your letter. From the day of receipt, they have
a limited time to investigate and furnish you with satisfying evidence that the debt is not only yours but also that
every detail is accurate.
Let's consider an example.
Example: David is being contacted by AFNI Collections over a debt he supposedly owes. He's never heard of this
company, and he doesn't recognize the debt. He sends a debt validation letter and requests a debt verification
from
AFNI. He finds out that AFNI Collections had purchased a huge package of charged-off credit card debts,
including
one of his old debts. Sadly for AFNI, the company did not have the proper documentation to prove that the debt
had
been transferred to AFNI's ownership. Without this information, AFNI cannot validate the debt and therefore must
drop the case.
To learn more about sending a debt validation letter, check out this video:
Negotiating a debt settlement with AFNI Collections
If you know the debt is yours and will need to be repaid, then you can take proactive steps to try and negotiate a
debt settlement. AFNI Collections may be amenable to a settlement for a lesser amount than what is actually owed.
AFNI Collections may also agree not to report your account to credit bureaus once you pay the settlement. The debt
settlement process can be as simple as these steps:
In the event AFNI Collections escalated the situation by filing a debt collection lawsuit, make sure to timely
respond via a formal Answer.
Once you’ve responded to the debt collection lawsuit, take some time to calculate how much you can afford to pay
toward the balance of the debt. based on the amount owed. Go through your monthly budget to determine if you
have sufficient funds to make a reasonable payment toward a settlement. This analysis should take your monthly
income and your expenses (e.g., rent/mortgage, food, savings, etc.) into consideration. Why? Because this
calculation will help you in deciding whether you can realistically make a lump-sum payment if a settlement is
agreed upon.
Once you have your settlement parameters in place, send an opening settlement offer to AFNI Collections.
Do not be shocked if they decline your initial offer. This is perfectly normal. Be prepared to engage in a
back-and-forth negotiations process.
If you have success reaching an agreement, then make sure to get the debt settlement terms in writing.
Both you and the debt collector need to sign the settlement agreement.
To learn more about debt settlement negotiation, check out this video explaining how you can negotiate a debt
settlement on your own:
Always scan your credit report for any errors. Remember, debt collectors are humans who make mistakes. If AFNI asks
you to pay a debt that's not yours, report the error to the FTC. It could be a case of identity theft. Dispute the
debt with AFNI and the credit bureaus so that they can remove the entry from your report.
You are not required to pay debts that are past your state's statutes of
limitations or that are time-barred. Even if AFNI contacts you about such debt, they can't legally ask you
to pay.
Avoid doing this when dealing with debt collectors
Now that you know what debt collectors can and can't do, here are a few things you should be careful to avoid:
Never give your information on the phone: Giving your information on the phone is dangerous.
You may be talking to fraudsters. If AFNI contacts you on a call, respectfully and politely decline to share any
information. Tell them that you prefer written communication.
Don't open new credit lines with a debt in collection: Did you know that opening new credit
lines when you have a debt in collections is considered fraudulent? You're required to get all your credit
accounts in order before opening a new one.
Don’t ignore debt collectors: It's tempting to block debt collectors or ignore their calls.
However, it's not wise as debt collectors won't go away. Ignoring calls from debt collectors can also result in
a lawsuit, leading to a default judgment if you don't Answer within the required time.
Don't believe everything debt collectors say: Debt collectors sometimes resort to scare tactics
to pressure you to pay the debt. Please don't believe everything they say. For instance, if a debt collector
threatens to sue you before validating the debt, you know they are lying to you.
Any of these mistakes can get you into trouble.
Respond to a debt lawsuit against AFNI Collections
If AFNI Collections is coming after you in court, the first step to beating them is to respond to the lawsuit. Like
we mentioned, ignoring a debt lawsuit can lead to a default judgment against you. This means your wages may be
garnished, your accounts frozen, and you might have liens placed on your properties. Luckily, you can use SoloSuit's Answer form to respond in minutes, blocking a default judgment,
and giving yourself time to explore other options like debt settlement.
Follow these three steps to respond to your lawsuit against AFNI Collections:
Answer each claim listed against you in the Complaint.
Assert your affirmative defenses to strengthen your case.
File the Answer with the court and send a copy to the plaintiff's attorney.
Let's take a minute to explain each of these steps. If you don't like reading, check out this video where SoloSuit's
CEO, George Simons, breaks down the three steps in detail:
1. Answer each claim listed against you in the Complaint
When you get sued, you should receive some legal documents in the mail known as the court Summons and Complaint.
Some states have different names for these documents, like Petition in Texas. The first step you should take when
drafting your Answer is to respond to the list of claims, or allegations, listed in the Complaint document.
You should answer each claims using one of the following responses:
Deny
Deny due to lack of knowledge
Admit
When you deny a claim, it's like saying, “Prove it.” This requires debt collectors like AFNI Collections to do more
work on their side to prove their case. Most attorneys recommend that you deny as many claims as possible. Denying
due to lack of knowledge is like saying, “I don't know.” This can also be a good tactic, as you may not understand
the claims against you. When you admit to something, it's like saying, “This is true.” If you admit each claim from
the Complaint, you will probably lose the case because you are essentially agreeing with everything AFNI Collection
is saying about you.
2. Assert your affirmative defenses to strengthen your case
After you've answered each claim, you should include a section for your affirmative defenses. An affirmative defense
is any legal reason that AFNI Collections' case is invalid. It's important to assert your affirmative defenses in
your initial Answer to the lawsuit, because once you've responded, you won't have another chance to bring them up
later on.
For example, a common affirmative defense used in debt lawsuits is the statute of limitations on the debt has
already passed. The statute of limitations is the time period that a debt collector has to sue someone for a debt,
and it's different in every state. Using this as an affirmative
defense will most likely get the case dismissed. Here are some other examples of affirmative defenses you might
include in your Answer document:
You are a victim of identity theft, and therefore did not incur the debt.
3. File the Answer with the court and send a copy to the plaintiff's attorney
After you have prepared your Answer document using the steps listed above, you're ready to file it into the case.
Make sure to file your Answer in court before the deadline, which is 14-35
days depending on which state you live in.
Make a copy of your Answer and send it to the attorneys representing AFNI Collections. Send the Answer via certified
mail with a return receipt so you have proof that you did your part.
Your life is not perfect, so at one point, you may find yourself dealing with the dreaded debt collectors. When that
happens, keep your head up because you can still win. There are enough resources at Solo to help you do just that.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.