Sued By Bluebonnet Financial LLC? How to Settle Your Debt
George Simons | August 14, 2024
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 you've been sued by Bluebonnet Financial, be sure to respond with a written Answer and avoid default judgment. This will give you time to reach out to the opposing lawyer to negotiate debt settlement before your court date.
Getting sued by a debt collector with Bluebonnet Financial LLC is generally considered to be stressful and anxiety-inducing. But it is important to understand that you still have options after being sued. You have rights and protections pursuant to the Fair Debt Collection Practices Act, along with other laws, and you can negotiate to settle the debt outside of court.
Sometimes debt collectors make mistakes and file invalid claims in order to collect money they think is owed. But regardless of the debt's validity, one thing you should never do is dismiss or ignore a lawsuit.
Even if you are sure you don't owe Bluebonnet Financial LLC any money, always respond to their claim. Otherwise, the court will grant a default judgment, which may hurt your wages, bank account, and property.
When you don't respond to a debt collector's lawsuit, you may face the following:
Your bank account may be frozen, and your funds emptied to settle the debt.
The court may interfere with the sale of your property.
Your possessions may be taken to pay off the debt.
Instead, you should draft and file an Answer into the case and reach out to the opposing lawyer to discuss settlement options. Here are some tips for negotiating with Blue Bonnet Financial:
Be honest about your debt situation. If you owe other debts, be sure to mention it. Bluebonnet Financial should work with you to settle for an amount that works for all parties involved.
Determine how much you can afford, then offer less than that. This will give you room to negotiate before you hit your ceiling. For example, if you owe $5,000 and can afford to pay off $3,500 right, start with an offer that's less than your maximum amount.
Record your conversations with Bluebonnet Financial. This will help you keep track of any agreement that is made and potentially help you keep collectors accountable.
Get the debt settlement agreement in writing. Once you reach a settlement, be sure to document it.
To learn more about these tips, check out our conversation with a lawyer on how to settle debt:
Use the FDCPA to stand up for your rights
Being informed of your rights as a debtor gives you the confidence to stand up for yourself when Bluebonnet Financial LLC uses unorthodox means to claim their debt. These unethical means may include offensive language, threats, contacting your family and friends, following you to your workplace, and false debt claims.
Debtors who are not well informed about their rights under the FDCPA may become prey to Bluebonnet Financial LLC. To avoid being tricked into a default judgment, take note of the following rules and regulations by FDCPA:
Bluebonnet Financial has no right to contact you at work or ambush you at the workplace
Bluebonnet Financial LLC should maintain an ethical and professional language when getting in touch on the phone, through a letter, or social media interaction
Bluebonnet Financial LLC should not make threats about a court case
The agency has no right to contact you before 8 AM and after 9 PM.
Within this time frame, you have the right to ignore their calls. With a better understanding of your rights as a debtor, you stand a chance to beat Bluebonnet Financial LLC in a court case.
How to Defend Yourself Against Bluebonnet Financial LLC
You need to respond to a lawsuit from Bluebonnet Financial LLC and within the court's stipulated time. It doesn't matter if it's valid or not; if you do not respond, you risk losing money anyway through a default judgment.
In response to a Bluebonnet Financial LLC claim, do the following:
Even if you owe them, do not admit the alleged debt. Instead, ask them to provide enough evidence that you are the legal debtor
Ensure you file an answer through your local Clerk of the court within the stipulated time frame; missing the deadline warrants a default judgment.
Send your court-stamped response to Bluebonnet Financial LLC through mail
Before the court rules in favor of Bluebonnet Financial LLC, they must prove that you owe the debt and that the amount quoted in the claim is the exact amount owed. Failure to prove this automatically warrants lawsuit dismissal, and you will win the case.
Bluebonnet Financial LLC must prove the following:
The firm has the right to sue you
You are the legal debtor
The debt in the lawsuit is the exact amount you owe
Besides, you could use the statute of limitations approach to challenge the claim. If you tell the court that Bluebonnet Financial LLC filed the lawsuit after the statute of limitations had expired, you could win this case.
Bluebonnet Financial is required to file a debt claim against you up to four years from the date you made your last payment. This time frame is referred to as the statute of limitations.
If the firm sues you after the deadline, you could use this defense against them to win the lawsuit. Also, if your records prove that Bluebonnet Financial LLC filed a complaint after the expiration of the statute of limitations, you could file a motion to have the judge dismiss the case.
Another option you may pursue in your defense is filing a countersuit. However, you must prove to the court that Bluebonnet Financial LLC went against the provisions of the FDCPA. If you win against the debt collector in the countersuit, they will compensate you for damages and clear the legal fees.
What to do if Bluebonnet Financial LLC takes you to court
If the debt collection company takes you to court, follow these steps:
Record all communication you have with the debt collector, the calls made before 8 AM and after 9 PM, visits to your workplace, and repulsive language during your interactions.
Ensure you mail your response to Bluebonnet Financial LLC within the stipulated time frame as laid out in the court notice.
Challenge the debt collector to prove that you are the legal debtor and the amount in the claim is the exact amount you owe. If the firm cannot provide viable evidence that this is true, the odds of you winning the lawsuit are high.
Prove to the court that Bluebonnet Financial LLC missed the statute of limitations deadline in the lawsuit. The court will dismiss the case if the evidence provided is verified.
If applicable, present facts that the debt collector violated the FDCPA, and file a counterclaim.
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