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 Monterey Financial is suing you, be sure to file an Answer with the court to avoid a default judgment
and give yourself time to negotiate the debt and settle for less. Use Solo
to respond and settle the debt.
If you're on the receiving end of a debt collection letter from Monterey Financial, it can put a significant damper
on your day.
You could be going about your regular business only to open a letter that says you owe money for a long-ago debt
you're unaware of. If the amount is extravagant, you may wonder how you can afford to pay it. You may even wonder if
you owe it or if the letter was a mistake.
Following the letter, you'll likely receive calls from Monterey Financial. You may wonder what your best course of
action is—should you set up a payment plan to pay off the debt? Should you ask what the debt is for?
In this guide, we'll discuss the best ways to handle communications from Monterey Financial.
Settle debt with Monterey Financial
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Monterey Financial is a full-service debt-receivable company based in Oceanside, California. It is accredited by the
Better
Business Bureau (BBB) and maintains an A rating. Monterey Financial purchases a wide array of aged debts
from consumer companies, including document storage, vacation timeshares, elective medical procedures, and
vocational school tuition.
If you receive a debt collection notice from Monterey Financial, understand they are a legitimate company, not a
scam.
Who does Monterey Financial collect for?
Monterey Financial collects debts initially owned by a wide array of entities, including:
Hospitals
Healthcare providers and clinics
Retail and e-Commerce stores
Credit card companies
Government agencies
Utility companies
Sub-prime lenders
As a purchaser of third-party debts, Monterey Financial purchases debts, often for far less than the original amount
owed, and then attempts to collect from consumers.
Read online reviews for Monterey Financial
Online reviews can help you determine what to expect when working with a debt collector. To understand the
experiences of other consumers, visit sites such as:
While mixed reviews are common for debt collectors, learning from real examples of dealing with Monterey Financial
can help as you prepare to contact them and negotiate your own debt. Take, for example, the following Monterey
Financial review from Geneva:
“I had an excellent experience with Tore. Typically collection agencies aren't very friendly or are willing
to
work out payments with you. That was not the case with them today. They were very amicable and pleasant to
deal
with. I appreciate this as we try to dig our way out of debt.”
As you can see from Geneva’s example, it is possible to work with Monterey Financial and have a pleasant experience
settling your debt. Clear communication will make all the difference, and knowing your rights when working with debt
collectors will also help you be prepared to discuss your settlement options.
What actions violate the FDCPA?
The Fair Debt
Collection Practices Act (FDCPA)was created to protect consumers from aggressive and abusive debt collection
agency tactics. All debt collectors must comply with specific actions when attempting to collect a debt.
For example, debt collectors must provide a statement in their first communication, allowing individuals to dispute
the validity of the debt within 30 days. If the consumer decides to challenge the validity, they must write back to the debt collection
agency requesting documentation that the debt is indeed valid and it does belong to them.
Debt collectors are prevented from certain actions that are
considered harassment when attempting to collect payment on a debt. These include:
Threatening to harm a consumer if they don't pay their debt.
Using obscene or profane language in any communication.
Repeatedly calling someone throughout the day in a way that could be considered annoying.
Causing the phone to ring continuously until the consumer answers it.
Falsely implying that they are an attorney or a representative of the law.
Threatening to destroy the person's personal reputation if they don't pay.
There are numerous other actions that are prohibited by the FDCPA. If you feel that Monterey Financial is using
illegal tactics while trying to collect an old debt from you, you may file a complaint with the BBB or the Consumer Financial Protection Bureau.
What if I am sued by Monterey Financial?
If you receive notification that Monterey Financial is suing you in an attempt to collect a debt, you'll need to
take action immediately. Typically, you'll have a limited amount of time to do so. It's usually 14-35
days or less.
First, you'll want to respond to their complaint by filing an Answer in your local court. The answer should contain
the following information:
A response to each of the claims against you
Validation that the debt belongs to you
Verification that Monterey Financial has the authority to file a lawsuit against you
A request for documentation for their claims
In many cases, debt collection agencies purchase old debts for small amounts of money from a variety of different
creditors. In some cases, they may not receive the appropriate documentation required to validate their claims. Once
you file your answer, they will need to respond to you with all of the information you've asked for.
Sometimes, this may be enough for the debt collector to drop the lawsuit against you, especially if they don't have
the required information to collect on the debt. It may become too expensive for them to follow up on, and they'll
simply cut their losses.
Settling a debt is often the best way to resolve a debt with a debt collector. You can take action to attempt to
settle a debt before it ever reaches the court system, but even if you’ve been sued, you can still move toward debt
settlement.
The following steps outline how to proceed when considering debt settlement:
Review your personal finances and determine how much you can offer. You need to understand how
much you can afford to offer to settle the debt. A good starting point can be as low as 30% of the original
debt.
Send a debt settlement offer. Contact Monterey Financial and explain why you need to settle the
debt, the proposed settlement amount, and the date you can pay. Monterey Financila collectors will probably
counteroffer, but don’t get discouraged. Most debt collectors don’t settle on the first offer. Keep negotiating
until you’ve reached an agreement.
Get a signed settlement agreement. A settlement agreement outlines the
terms of the settlement, and it should clearly state that the remainder of the debt will be forgiven.
Pay as agreed. Make a timely payment to settle the debt. If Monterey Financial has filed a
lawsuit against you, make sure you receive official documentation from the court that the case has been dropped.
For more information on how to negotiate with a debt collector like Monterey Financial, watch the following video
for negotiation tips, tricks, and strategies:
How to Answer a Summons for debt collection in all 50 states
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Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
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