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Greg Anjewierden, JD

Greg Anjewierden is the Founder and CEO of Debtbrief, where he empowers consumers sued by debt collectors with tools, legal representation, and self-defense strategies. With over a decade of legal experience, including as a former creditor’s rights attorney, Greg is committed to advocating for consumer rights.

Summary: Oliphant Financial LLC buys debt from creditors and seeks repayment. Before settling, ensure you owe the debt. SoloSettle can help negotiate at any stage of the collection process.

If you're being pursued for a debt by Oliphant Financial, LLC, you're probably sick of annoying calls and letters. You may not even know who they are, let alone why they think you owe them money.

Before agreeing to pay them any money, make sure that you understand what they are contacting you about. It's not uncommon for debt collection agencies to pursue people for debts they don't legitimately owe.

Settle debt with Oliphant Financial

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

Settle with SoloSettle

Who is Oliphant Financial, LLC?

Oliphant Financial, LLC is a legitimate debt collection agency based in Florida. They purchase debt from third parties and then attempt to recoup it from the original borrowers. The debt they purchase includes credit card receivables, retail private label cards, consumer loans, and various other types of debt.

When Oliphant Financial, LLC contacts a consumer, they'll likely try to collect the full amount. However, debt collectors commonly fail to validate their claims and don't have the resources to prove their case at trial.

Have there been complaints against Oliphant Financial, LLC?

Consumers have filed multiple complaints against Oliphant Financial, LLC. The company has a 1-star rating with the Better Business Bureau and dozens of complaints against it. Some of these complaints are serious. The Consumer Financial Protection Bureau also reports several hundred complaints against the company.

One alleges that Oliphant sent a letter trying to collect a debt to a public figure who was a friend of the debtor. This letter violated the Federal Fair Debt Collection Practices Act. Debt collectors may not discuss details of the debt with anyone other than the consumer who owes it, their spouse, and their attorney (if they have one).

Another individual alleged that Oliphant contacted them and demanded they repay a debt of over $13,000. When the consumer reached out to Oliphant, they could not provide the individual with verification of the debt, what it was for, or any contract that substantiated it.

Can Oliphant Financial, LLC sue me or garnish my wages?

Yes, Oliphant Financial LLC can sue you for not paying a debt, and if the company wins a judgment against you, they will most likely have the legal rights to garnish your wages.

It is illegal for Oliphant Financial, LLC to threaten to sue you or garnish your wages if they do not plan to do so. Even though it goes against the FDCPA to make such threats, Oliphant Financial can still sue you if they actually have proof that you owe the debt that they purchased. They likely wouldn't sue you for a debt you may not owe, or they can't validate.

However, it's not unknown for companies to summon debtors to court and garnish wages using a default judgment. You'll need to protect yourself if you receive notice from Oliphant that they intend to sue you.

What should I do if Oliphant Financial, LLC threatens me with a lawsuit?

If Oliphant Financial, LLC threatens you with a lawsuit, you must know your rights. The Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), and the attorney general's office protect consumers from wrongful debt and mistreatment.

If a debt collector from Oliphant Financial, LLC contacts you, you'll want to be prepared with your response.

Before answering any questions, make sure that the debt collector calling you is truly from Oliphant Financial, LLC. Some debt collectors may pretend to be part of Oliphant, but they may be someone else acting on their behalf. Ask them to provide:

Information associated with your account, including the account number, and your personal details
Details about them, including the name and address of Oliphant and the debt collector's professional licensing number

If they can't provide this information or are incorrect, you may be dealing with a scammer. Don't give them any details about your debt or who you are.

Ask Oliphant Financial, LLC to validate the debt

Legitimate debt collectors know that consumers have rights and protections under the Fair Debt Collection Practices Act. If you receive a call or a letter from them demanding repayment for a debt, make them prove that you owe it by sending a Debt Validation Letter.

This approach makes them work to develop the details regarding your debt and provide them to you. They can't legally continue to contact you until they've given you that information. In fact, most debt collectors give up after receiving a request to validate debt. To learn more about beating debt collectors by sending a Debt Validation Letter, check out this video:

What if Oliphant, LLC sues me?

If Oliphant, LLC starts a lawsuit against you, you'll need to file a written Answer immediately. SoloSuit can help you respond to the debt lawsuit in minutes. Failure to respond can lead to a default judgment being entered against you. With a default judgment granted by the court, Oliphant Financial can garnish your wages, freeze your bank account, and put liens on your property.

To respond promptly and properly, you should complete the following 3 steps:

Respond to every paragraph in the Complaint
Assert your Affirmative Defenses
File the Answer with the court and send a copy to the plaintiff

Now, let's break down each of these steps. Don't like reading? Watch this video instead:

1. Respond to every paragraph in the Complaint

The Complaint includes several numbered paragraphs that lay out the lawsuit against you. For debt collection cases, there are usually between 10 and 30 numbered paragraphs. Read each paragraph and decide how you want to respond. You should respond in one of three ways:

Admit. Admit the paragraph if you agree with everything in the paragraph.
Deny. Deny the paragraph if you want to make the debt collector prove that it is true.
Defendant denies the allegation for lack of knowledge sufficient to know the truth or falsity thereof. This is a lawyerly way of saying “I don't know.” Choose this option if you don't understand the paragraph or if you don't have the information needed to respond to it.

Choose one of these responses and write it into your Answer after the corresponding paragraph number.

Many attorneys recommend denying everything to force the other side to prove everything. This is a good strategy in many cases.

2. Assert your Affirmative Defenses

An “affirmative defense” is a reason why the person suing you doesn't have a case; it is your defense against the lawsuit. You must list these defenses in your Answer otherwise, you can't bring them up later. That's right, asserting your affirmative defenses is a once in a lifetime opportunity: if you don't bring them up now, you are legally prohibited from bringing them up later. Many online forms don't help you assert your affirmative defenses, SoloSuit does.

Here are some of the more common defenses we see:

The account with the debt is not your account
The contract was already canceled. Therefore you don't owe the creditor anything.
The statute of limitations has expired. A statute of limitations is a law that sets a deadline on an action.
The debt has been paid or excused.
The debt has been partially paid.
You were a co-signer but were not informed of your rights as a co-signer.

These are a few of the many affirmative defenses. Being unable to pay the debt is not normally a legal defense to the debt.

3. File the Answer with the court and send a copy to the plaintiff

Once you have created your Answer, responded to the paragraphs in the Complaint, and asserted your affirmative defenses, you are ready for the final step: file your Answer. The Answer document by itself is worthless unless you file it properly. Otherwise, it's like doing homework and not turning it in. SoloSuit takes care of this for you so you don't have to worry about buying a printer and figuring out whether you need Certified Mail or Priority Mail at the Post Office.

Here's what you need to do to file your answer.

Print three copies of your Answer
Mail one copy to the court
Mail the other copy to the plaintiff's attorney.
Keep the last copy for your records.

The address for the attorney will be in the Summons and Complaint you received in the mail. But where is the address for the Court? Good question, most Summonses don't list the address of the Court. And the mailing address is often different from the physical address of the court listed on Google. With SoloSuit, we figure all of that out for you and make sure your Answer gets to the right place.

Settle debt with Oliphant Financial, LLC

If you know the debt is real and owed, debt settlement could be the best way to resolve a debt lawsuit against collectors like Oliphant Financial. Here are key tips, based on insights from John Skiba, an experienced consumer rights attorney, that can help guide you through the process:

File an Answer to Avoid Default Judgment: One of the most important steps when facing a lawsuit from a debt collector like Oliphant Financial is to file a written answer. As John Skiba emphasizes, 95% of consumers fail to respond, leading to a default judgment that allows debt collectors to garnish wages or levy bank accounts. Filing an answer buys you time and puts pressure on the debt buyer to prove their case, increasing your leverage for negotiation.
Leverage the Junk Debt Buyer Model: Oliphant Financial, like many debt buyers, likely purchased your debt for pennies on the dollar. According to Skiba, junk debt buyers often lack full documentation to prove the debt, and the information they have is usually limited to spreadsheets and a few statements. Use this to your advantage by requesting debt validation and pushing them to prove they legally own the debt. This puts pressure on the debt collector and can lead to a settlement or dismissal.
Start with a Low Settlement Offer: Skiba advises offering a realistic but low settlement amount to start the negotiation. For junk debt buyers, it’s not uncommon to settle for 10-40% of the original debt amount, particularly if you can offer a lump sum payment. Start with a lower offer, knowing that the debt collector will likely counter, and aim to settle for a percentage that aligns with your budget.
Highlight Your Financial Hardship If you're experiencing financial hardship, such as unemployment or receiving Social Security income, be sure to emphasize this in your negotiations. Debt collectors are more likely to settle if they realize that collecting the full amount will be difficult. Skiba notes that debt buyers will assess the likelihood of collection, so outlining your limited income or other debts can help persuade them to agree to a lower settlement.
Avoid Over-Explaining in Your Answer: According to Skiba, one mistake consumers often make is over-explaining or providing too much information in their answer to the lawsuit. Stick to denying the claims you don't have concrete knowledge about, forcing the debt collector to prove each element of their case. This strategic denial can often lead to a better settlement offer.

By following these tips, you can negotiate a more favorable settlement with Oliphant Financial LLC and avoid the costly consequences of a default judgment.

To learn more about how to settle debt, check out our interview with consumer rights attorney, John Skiba, below:

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate