Oliphant Financial, LLC, is a Florida-based debt collection agency that primarily purchases old accounts and then pursues the debtors. Like many debt collectors, Oliphant uses aggressive and sometimes illegal collection practices to coerce people to pay what they allegedly owe. However, federal and California laws provide significant protections to debtors. And if you’re burdened by an old debt you can’t afford to pay, you have options for settling it.
Don’t let Oliphant Financial take advantage of you. The Fullman Firm represents debtors who are being harassed by unscrupulous collection agencies. We work with them to develop solutions to help settle their debts so they can move on.
The Debt Collection Practices Of Oliphant Financial
Debtors have alleged abusive practices against Oliphant Financial for a number of years. In addition to unwanted and persistent contact, people have complained that Oliphant uses autodialers to leave pre-recorded messages. Others have accused the company of using unfair and illegal means to collect debts.
Oliphant acquires accounts by purchasing old debts from the original creditors. That means Oliphant becomes the new creditor and has every incentive to collect as much as possible on the balance. If the company is unable to convince the debtor to pay after repeated attempts, Oliphant will likely turn the matter over to an attorney and sue the debtor.
What Are Oliphant’s Obligations Under The Law?
Various state and federal laws provide significant protections to debtors. One of the primary protections that debtors have is under the federal Fair Debt Collection Practices Act (FDCPA). This law restricts the behavior of debt collection agencies and mandates certain industry practices. Under the law, debtors have the right to dispute debts and demand that collectors stop contacting them.
The FDCPA obligates collectors like Oliphant to refrain from abusive collection practices, such as:
- Cursing and yelling at debtors
- Demanding a debtor pays a debt that’s expired under the statute of limitations
- Threatening baseless legal action
- Impersonating law enforcement or other officials to intimidate debtors into paying
- Mocking or insulting debtors
- Calling debtors late at night, early in the morning, or at their place of employment
These are just a few of the restrictions that Oliphant must abide by, and failure to do so could subject the company to monetary fines and other legal actions. Meanwhile, Oliphant must provide debtors with certain information about their accounts, including:
- The amount of the debt allegedly owed
- A statement notifying the debtor that they have 30 days to dispute the debt
- Upon request, the name and address of the original creditor
What Debt Collection Practices Can I Expect From Oliphant?
Assuming Oliphant obeys the law, there are a number of legally acceptable actions you can expect from them. Standard debt collection tactics usually include making phone calls and mailing demand letters. Demand letters inform debtors about the balance allegedly owed on the debt and that they have 30 days to dispute its validity. If the debtor fails to pay after that time, more letters and phone calls are the usual next steps. However, Oliphant will eventually refer the account to one of its collection attorneys, and a lawsuit will be filed.
What Happens If I Am Sued?
Debt collection lawsuits start with a complaint and summons. The complaint contains the factual allegations against the debtor, and the summons orders the debtor to respond. Oliphant, through its attorneys, would allege such matters as how much the debtor owes and how far behind on payments the debtor is. A debtor who is sued generally has 30 days to answer.
You can respond to the lawsuit in court by asserting any legal defenses you have. Many debtors believe they can just refuse to answer and ignore the court proceedings. But ignoring a lawsuit will allow Oliphant to get get a default judgment against you.
What Happens If Oliphant Financial Obtains A Judgment?
Whether it’s by default or after a court proceeding, Oliphant is likely to obtain a judgment against you if you legitimately owe the debt. Judgments typically include late fees, interest, court costs, and attorney’s fees on top of the outstanding balance. With a court judgment, Oliphant can take more aggressive means to get money from you, including through:
- Wage garnishment
- Seizing funds from your bank account
- Placing a lien on your property
Oliphant won’t stop until it collects what it says you owe. So what options do you have?
It’s Time To Consider Debt Settlement
Even if you’ve been sued or a judgment has been entered against you, there are options for settling the debt for less than what you owe. That’s where a debt settlement attorney comes in. The sooner you take action, the more flexibility your attorney will have to negotiate a settlement that’s less than the balance. But a lawsuit doesn’t preclude a debt settlement, so you should still take advantage of it even if you’re facing legal action.
Debt settlement is a process, and it’s best handled by attorneys who have experience handling Oliphant and other debt collection firms. We also want to hear from you if Oliphant has abused your rights or used unfair or illegal tactics to collect from you. A successful debt settlement will save you money and stress, and allow you to put Oliphant behind you.
Reach Out To The Fullman Firm
The most important thing to know is that you do have rights and options for dealing with Oliphant Financial. If you’re being harassed for a debt, or you simply can’t afford to pay the balance, let The Fullman Firm get started with you today. Give us a call to schedule your consultation.
