Bluebonnet Financial Lawsuits: 9 Steps You Can Take to Avoid 9 Common Mistakes

If your debt has been sold to  Bluebonnet Financial, a lawsuit may already be in the works against you.

Bluebonnet Financial buys the collection rights to past-due accounts at pennies on the dollar. However, they are much more likely to use the legal system as a battering ram than your original creditor would be. Filing a lawsuit may even be the first contact they make with you.

Here are 9 steps to take if Bluebonnet Financial is suing you for credit card debt or other accounts past due.

1. Don’t let fear or anxiety paralyze you. That’s what they count on. Like most debt collectors, Bluebonnet Financial preys on consumers who are struggling financially, overwhelmed, and often unable to handle the conflict and paperwork that lawsuits bring. By filing suit against you they are essentially making a wager, and the bet is that you won’t respond, won’t challenge their accounting, and probably won’t even show up in court. They win far too many judgments by betting correctly on this.

2. Don’t ignore the situation. It will cost you more. Thousands of unfortunate consumers across Texas can attest to this sad fact. Bluebonnet Financial’s lawyers are aggressive, and if you ignore the suit you will pay dearly. They will just get a default judgment against you, and with all the extra fees and penalties they impose you could end up paying much more than the amount you originally owed. They can even freeze your bank account without warning with a judgment!

2. Read all court papers thoroughly, and locate the key information. It can be scary to see the consequences of your financial distress laid out in a legal document, but you have to focus on three things: dates, dollars, and time. Make sure you understand the timeline for response, when your court appearance is scheduled, and the details of Midland Funding’s financial claim against you. In Texas you have 14 calendar days to respond to a lawsuit filed in a JP court and 20 calendar days plus the next Monday to respond to a lawsuit filed in County or District Court.

3. Stay on top of deadlines. You will have a certain amount of days to respond to the initial lawsuit, but don’t wait till the last minute. Failure to respond could result in a judgment against you. Procrastination increases the chance that you will either miss the deadline or mess up the paperwork.

4. File a credible response. Don’t fool yourself into thinking that the fact you can’t pay the debt right now means that Bluebonnet Financial lawsuits can’t win a judgment against you. If the debt is accurate and it’s yours, the court can use bank garnishment or other legal means to ensure you pay up over time. Therefore, your written response to the lawsuit must be credible, and you must take the suit seriously. It is often best to seek the counsel of a Consumer Credit Attorney that can help. Most attorneys that help consumers do so at a much lower cost with extended payment plans.

5. Address all follow-up requests for facts or documentation in a timely manner. Don’t assume that your initial response to a lawsuit is the only one required. During the discovery phase, prior to the court date, both sides are allowed to make written requests for further information and documentation. If Midland Funding makes a request and you fail to answer it, the judge may deem you uncooperative and that won’t work in your favor.

6. Don’t make it easy on them. You also have the legal right to make your own written requests for information, and to demand that Bluebonnet Financial verify the accuracy of your debt. Use it. Request documentation that proves the amount of the original debt, and also make them justify any fees of penalties added to the total you owe. Don’t let false or misleading accusations against you stand without answering them. In short, hold Bluebonnet Financial accountable, and make them prove their case.

7. Don’t continue making payments on your debt during the lawsuit. You may see it as a good-faith gesture, but if making payments has not stopped Bluebonnet Financial from suing you, it won’t make the case go away either. And if they are adding interest or penalties to the amount you owe, continuing to make payments may not even reduce your original debt.

8. If you can negotiate a settlement before the case comes to trial, get a written agreement that resolves the debt in full. If you want to settle, don’t be swayed by Bluebonnet Financial’s strong-arm tactics or claims about their ability to win the case. Just make an offer in writing that comes with one important condition – it is a full and final payment to resolve the debt for good. That way they can never come after you for the same debt again.

9. Don’t hesitate to consult an attorney if you need help completing any of the steps above, or representation when the suit goes to court. Bluebonnet Financial may have teams of lawyers suing consumers across America, but don’t think they won’t be ready and focused on you when their day in court comes.

The J. Gannon Helstowski Law Firm has its own team of debt lawsuit specialists who regularly take on the debt collection industry and expose its shady legal practices. We are experienced in fighting Bluebonnet Financial in and out of court, and we know how to bring your case to a full and final resolution.

Stop PHH Mortgage foreclosure in Texas

Cost to Stop Foreclosure
Cost to Stop Foreclosure

Approximately one year ago I was facing foreclosure through a reverse mortgage company, this entire staff associate with this law firm worked my case for approximately a year to help me safe my home from being foreclosed. I will be forever grateful for the extra time they put in to assist me through out the entirety of this case. I would highly recommend them to anyone that is facing similar issues they really are like family everyone played a vital role with me winning my case. The open communication, the phone calls to keep me updated on every step of the process was comfirmation to me that I had choosen the right legal team. Thank you all so much for a job well done.

Annetha Young

The law firm treated me and my family like a family and not one that just wanted the money we fought to the end . I will also remember and I will always refer them to anybody I know.

Brooke Arona

Inspires great confidence. Can be a real alternative to filing bankruptcy, but will not be for everyone. Call for the free consultation to weigh your options.

Mari Vega

J Gannon Helstowski and his firm have represented my interest on several occasions. They have always provided me all the facts needed to make real time decisions to my best interest. Lead council and his team co council Jason Taylor and Litigation Mgr Ron Monroe lead an energetic and professional staff of paralegals always ready to respond to your inquiries and reach out to you regarding your case proactively to keep you ahead of issues. I highly recommend the firm for its family oriented approach and dedication to your legal success .

James Sasser

Bankruptcy is not the only way to stop PHH Mortgage foreclosure in Texas

To stop PHH Mortgage foreclosure many Texas homeowners choose to file a lawsuit against PHH Mortgage rather than file a Stop Foreclosure without filing bankruptcy. The J. Gannon Helstowski Law Firm files lawsuits against PHH Mortgage and asks the judge to agree to stop the foreclosure. We offer a Money Back Guarantee that if we do not stop your foreclosure we will refund all the fees you paid us minus the filing fees of the lawsuit. We offer aggressive representation of you against PHH Mortgage.

While each stop foreclosure lawsuit is unique, most follow the same pattern:

File Stop PHH Mortgage Foreclosure Lawsuit

$2500 + Cash Bond + $750 per month until removed to Federal court

We will first gather all the details of your situation and make sure that we believe a successful outcome is possible with PHH Mortgage in our Initial Consultation (IC). If you decide to hire our firm you will be assigned a case manager and attorney to work your case. They will gather the documents needed from you and begin drafting your lawsuit. You will need to be available to answer questions and review a copy of your lawsuit before filing. Once filed, your assigned attorney will appear before a judge to request that a Temporary Restraining Order (TRO) be granted. If the judge signs the TRO, we will pay the bond and notice PHH Mortgage that the foreclosure must be stopped.

Once the TRO is granted we will begin working hard for you to achieve a permanent resolution with PHH Mortgage. Outcomes can include keep your home with a loan modification, keep your home with a refinance, sell your house and keep the equity, possible short sale, leave your house for cash for keys, or stay in your home for a longer duration.

Your Lawsuit is Removed to Federal Court

$1500  + $1500 per month until case is finalized

Often a lender will ask the judge to remove your case to Federal Court. If the judge agrees, it will cost more the pursue your claims against PHH Mortgage. Federal court has many strict guidelines and rules that must be followed to keep your case alive. We will have to represent you in a couple of likely motions that the PHH Mortgage will file in the case. We will answer the Motion to Dismiss and Motion for Summary Judgment for you if you retain us to represent you in Federal Court.

Resolution of your case

While a majority of the cases end in PHH Mortgage offering a loan modification or terms that allow our clients to keep their home, they may not be able to take advantage of the opportunity. Some possible options to resolving the case are:

Permanent Loan Modification to Keep Home – A loan modification maybe offered that allows the homeowner to keep the home at a monthly mortgage payment that they can afford. The permanent modification will replace the existing mortgage with new terms.

Sale of House – By filing a lawsuit against PHH Mortgage, you can possibly negotiate a principal reduction that allows you to sale the home at a small profit. A lawsuit can also possibly allow time to sale the house at a better price.

Short Sale of House – By filing a lawsuit against your lender, you can possibly use the time that allows you to sale the home and avoid more credit problems and a large mortgage deficiency balance.

Cash for Keys – After filing a lawsuit against PHH Mortgage and your other options fail, you may be able to obtain a larger Cash for Keys settlement with the lender.

Staying in Home for an extended time – After filing a lawsuit against your lender  and all your other options fail, you have stayed in your property for a much longer duration that may allow you to put yourself in a better position to move on.

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Call us today at (800) 890-8585