Menu
Login
Resurgent Capital located in South Carolina, a related outfit of lvnv funding, uses a web of questionable practices in attempts to pressure individuals to give them money. They buy old charge- off accounts, for about 3 cents on the dollar, tens of thousands of them. The owners, managers, and supervisors of these outfits then try and get people to give them 50 to 80 cents on the dollar for those same charge-offs. It doesn't matter to these commission driven individuals what malady may have come upon you, they only want money, and lots of it. They often try and have people send them quick money, while offering no benefits in return. Is that right or fair? You decide. Sounds like unpasteurized greed to me. Attempting to make money from the possible misfortune of others seems very unsavory. Remember, their ultimate target is to have you send them money, from what ever source, while promising you nothing in return. It would be wise for you to insist on receiving any payment arrangement with them in writing, in advance, before ever considering sending them any money, no exceptions. Otherwise, after they get your money, they can conveniently claim that they have no record of any such arrangement with you, to your detriment. Verbal promises from these " supervisors " are not guarantees that they will do anything to benefit you, once they receive your money. Always get their agreements In Writing, before sending any money to them, no matter how small the amount. Learn all you can about Resurgent Capital Services or lvnv funding tricks on the internet, for example, and you may want to communicate with them only in writing, and always by certified mail. Keep a copy of everything you may receive from them or that you send them. Carefully consider all your best options when contacted by them. Seek free advice on how to protect yourselves from their questionable practices. You'll be glad you did.
I received a call from them last week. They told me they had contacted my employer regarding garnishment. I told them if they had without filing a complaint, I would sue them. I ask my employer if anyone had contacted them. They stated "NO"! The girl that called was April and that she had a matter on her desk which needed my attention immediately. When I called back, it was a man that answered and he is the one that told me about my employer. When I told him I would sue, he said I was in no position to threaten. This week they filed a complaint against me. I am so tired of these people. I had been unemployed for 2 1/2 years and finally started working for the past few months. I told all these people of my unemployment and no one wanted to work with me. They said unemployment is not a financial hardship. Tell me what is? They have never sent any correspondence just called a couple times, never leaving a message and no FDCPA notice and never did tell me the notice. He told me he did not have to say it until the end of the phone call - where do they get these people?
My home was flooded because of hurricane Ike resurgent was one of my mortgage carriers, they agreed to short sell the house along with the other finance company, they sent me a letter asking if i would be willing to pay 1100 dollars for them to consider this short sale as a settled account. they are no coming after me for 34 000 and claim they know nothing about any letter, they are pathetic, pathetic.
The LAST thing you do is send these people ANY money!
First and foremost - do NOT call or speak on the phone with them.
Second, send them a CERTIFIED (MUST BE CERTIFIED - YOU MUST HAVE RECORDS) mailed letter:
Month day, 201x
Name of collection company
Address
City, State, Zip
Telco#
Re: Acct File#
To Whom It May Concern:
This letter is being sent to you in response to a notice received on month day, 201x. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. We respectfully request that your offices provide our firm with competent evidence that we have any legal obligation to pay you.
You are hereby requested to provide us with ALL of the following:
* What the money you say our firm owes is for
* Explain and show us how you calculated what you say is owed
* Provide copies of all papers that show our firm signed for and agreed to pay what you say we owe for each individual invoice claimed that we owe.
* Provide a verification or copy of any judgment to substantiate proof
* Identify the original creditor name, address and contact name
* Prove the Statute of Limitations has not expired on this account
* Show proof that you are licensed to collect in the State of New York
* Provide us with your license numbers and Registered Agent
At this time we will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) and Dunn & Bradstreet this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of our credit and/or DNB reports by your company or the company that you represent we will not hesitate in bringing legal action against you for the following:
* Violation of the Fair Credit Reporting Act
* Violation of the Fair Debt Collection Practices Act
* Defamation of Character
Your offices are required to provide the proper documentation as requested in the following Declaration, we will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of our credit reports, our firm will consult with legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from our credit file and a copy of such deletion request shall be sent to us immediately.
***CEASE & DESIST***
We would also like to request, in writing, that no telephone contact be made by your offices or associated firms to our homes, offices, suppliers, contractors, officers/principles personal homes, families, friends, neighbors or any other related and/or unrelated contacts. If your offices attempt telephone communication with any of the above listed locations and/or parties, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and we will have no choice but to file suit. All future communications with our firm MUST be done in writing and sent to the address noted in this letter by USPS Certified Mail or other method of Certified and/or Tracking# mail to show proof of mailings.
It would be advisable that you assure that your records are in order before we are forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Regards,
Your name
Address
City, State Zip
Now that defangs them from bothering you by phone anywhere any further. Now the clock is ticking, check USPS.com and the certified mail #, once they get it - PRINT IT and FILE IT, that is now the date they have 30 days from to respond.
You MUST receive a detailed account of the balance, not some one page saying; Total = $xxxx.xx
They MUST have a license to operate in YOUR state
If this is an old account, check the Statue of Limitations and if your last activity (payment is older then the Statue, then they can't pursue it)
They MUST have a copy of your signed contract showing you are obligated to pay and THIS is where you usually get them, most companies DON'T have your original terms and contract on file, if they don't, they can't collect on the debt.
They MUST show the debt has been fully and legal transferred to their name, if they don't show a legal transfer, they are NOT legally allowed to pursue the debt.
If they fail to provide ALL of this information, then: (AGAIN - CERTIFIED MAIL !)
NOTICE OF INSUFFICIENT VERIFICATION
Date: March 14, 2007
From: John Doe
To: Law Offices of XYZ
I have sent you a notice requiring you to verify this debt in accordance with 15 USC §
1692g. I have included a copy of the original dispute, which lists in detail the type of
verification requested.
In response you have only sent a computer generated print-out of the total amount you
claim is due, which may not be accurate. Furthermore, you have failed to provide an
executed credit contract proving liability of this debtor on the amount claimed.
This is unsatisfactory as proof that I owe the debt (please see Fields v. Wilber Law Firm,
Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.),
and is hereby rejected as a validation of the debt. You have not complied with my right to
have the debt validated according to the standards of the FDCPA, and your response is
hereby rejected as a validation of the debt.
You must now remove the collection listing from my credit report, or I will file a lawsuit
for violation of FDCPA, § 809(b).
Thank you for your assistance as I assert my right to have a proper validation of the
referenced account according to law.
Sincerely,
John Doe
This is your legal (f*ck off) letter to them, they blew it and now they are screwed and you now keep copies of ALL of this in an envelope, along with all of the Certified Receipts, the print out showing when it was received by them.
Now wait 2 weeks, then get a fresh copy of your 3 credit reports, if they are still there - call each of the credit reporting companies, they are on YOUR SIDE, they'll ask you to fax all of that info to them, then they will open a 30 day investigation with the Collection Agency and when it fails, its now off your credit report. Now this doesn't mean its gone for good, just gone for good from THIS Collection agency, they may turn around and sell it to the next dirt bag down the road, but now you know what to do and how to do it and like the shampoo bottle says - repeat as necessary... just send out these forms and once the Statue of Limits is up, the SOL becomes [censored] outta Luck for the collection Agency.
Now you may at some time end up with a mega ### collection agency, especially if your debt is large, and they'll file a compliant against you in court seeking a judgement. You MUST MUST MUST! Answer it, it is IMPERATIVE! You generally have 20 days, so the moment you get it, you get right on it and file an ANSWER with your county clerk IMMEDIATELY --- Don't jerk around with this - if the Collector gets a judgement against you, then they can drain your bank account, savings, whatever you've got, they can go after and they will !
IN THE SUPERIOR COURT OF THE STATE OF xxxxxx INDEX#
IN AND FOR THE COUNTY OF xxxx
----------------------------------------------------------------------------------x
Collection Agency PLAINTIFF'S ADDRESS
PLAINTIFF, Address
City, State Zhip
vs.
Your name here DEFENDANT'S ADDRESS
DEFENDANT, Address
City, State Zip
----------------------------------------------------------------------------------x
FILE NO. xxxxxxxxxxxxxxxx ANSWER
The Defendant, Pro Se as for his answer to the complaint herein, the defendant (YOUR NAME) respectfully shows and alleges as follows:
Defendant Denies the allegations of Paragraphs x, x, x, x, and xx Cause/Action statement in Complaint.
AFFIRMATIVE DEFENSES
• List your defenses, short and clearly, list FDCPA statues, list Court Case citing from your Failure to Validate Response Letter and state they failed to Validate within the required 30 day period, and the information they provided was in sufficient proof of validation
WHEREFOR, defendant prays that this Court dismiss the complaint of the Plaintiff herein, with costs and disbursements to defendant, together with any other relief the Court finds to be just and proper.
Dated: THE (day)th DAY OF (month), 201x.
______________________________
Defendant(s) (Signature)
Defendant(s) Name YOUR NAME
Address
Your Address
City, State, Zip
DECLARATION
I, (YOUR NAME), declare as follows:
1. I am the defendant in this Complaint.
I certify under penalty of perjury under the laws of the state of (YOUR STATE) that the foregoing statement is true.
Signed in CITY, STATE on DATE_____________________.
__________________________________
Signature
(YOUR NAME)
Don't be scared, you've got all of the documents, receipts and proof, the Collection Agency most likely with either NOT respond to the answer and will go away knowing it just lost $90-$100 filing a Judgement request, now its lost money on you. Or if it does decide to respond and a court Date is set, simply file a Request for Discovery, and request copies of the signed contract showing liability of you to pay the debt - if they didn't send it to you by now, they don't have it.
Last thing - DO NOT speak with their attorney outside of court - WALK AWAY - tell them if they have ANYTHING to say, say it only in front of the Judge, you will not speak with them, if they persist, walk back to the court and sit inside or stand next to a court office and ask the officer to tell the attorney to stop harassing you. They are on the defense and will be desperate to make ANY kind of deal, DON'T DO IT ! If they don't have the documents as the court date, they never will.
Lastly and your final NAIL THE COFFIN SHUT on your debt forever no matter who or what has or buys your debt - Request the judge:
DISMISS WITH PREJUDICE
That means the debt case is dismissed and it can NEVER be brought to court again by anyone, the debt is DEAD !
Good luck, stay smart and DO NOT EVER talk with a Collection agency over the phone or in person, EVER ! Just send them these letters ONLY !
The company was banned from the State of Maryland back in October of 2011. All of their judgements were overturned. Please write your state attorney general about this company. They operate under a number of different names LVNV funding, alegis etc. It only takes a minute to file an online complaint with your state attorney general.
I had success dealing with the disreputable company by calling the Better Business Bureau in Greenville South Carolina. I received prompt service and got a letter from Resurgent that the account was not mine. This company has been banned in the state of Maine. Please contact the Better Business Bureau where they are located and turn them in to the Attorney State General of your state. Many states are reviewing their practices.
I am dealing with unsolicited mail from lawyers, several in fact that said I was being sued. I am almost complete with loan closing on a house and nothing came up that was a red flag for them, however I continued to receive these unsolicited letters from attorneys again stating I am being sued. So out of curiosity I looked on the wisconsin circuit court and sure enough Resurgent Capital Servc. LLC from illinois is suing me. I never got any letters from these people about a bad debt and as far as I knew I paid all my behind debt off in 2009, But I have a court date scheduled for 9/2012...I was never sent anything from these people, and now have a pending law suit against me. So what do i do now? Can I request a validation of this account they are suing me for when I am not in debt good or bad to anyone...how could I send a validation letter if I was never made aware of any bad debt out there against me. I am freaking out because my son and I will be homeless if this house doesnt close because of this pending law suit. All my money is tied up in closing costs so I dont have money to get an attorney...should I send a letter to them even though they already have a court date scheduled against me...my goodness I didnt think this could happen to me, are they scamming me? Any advise or help...you can email me at daring2dream0214@aol.com with your comments...i dont know what to do...
What kind of retribution do I have when they apparently took me to court without sending me papers that they were taking me to court and of course got a judgement against me and a garnishment which they won't get anything there as I only receive social security. Is there any way I can get out of this? It's good old LVNV Funding.
We received a letter from resurgent stating they now have our debt from citi.Last year we sent them 2 payment, then never received another payment from them.They started calling us for payment we repeatly told them to send the payment in the mail.They said they had to have a release sighed to send these payments. They sent a paper to be sighed, we signed and sent back.They called said the never recieved the letter.We still are waiting.Then we got a letter saying it is now going to another company called shell.Any advice what we should do.Still no bills in the mail.
i have read all these complaints, but i still have just 1 very good question. what if i never had an account they say i had? had a similar problem a few years ago. i had an old credit card account that i had paid and closed. it was even in my credit report as such, and zero balance. 8 years later i got a letter from pinnicle services. trying to collect over 2000 on this same acct. this went on for about 3 years, till i finally talked to someone that had 1/2 a brain with their company. i repeated to them what i had several times before that the acct had been paid and closed by me at this point over 10 yrs prior, never heard another word. this regurgitation services is the same. my wife got a letter from them in her previous name, on an acct she says shes never heard of, but may be from an acct when she was married before and they had filed chapter 13 bankrupt on. either way its been well over 10 years so i think i'll write f^ck you on the letter and send it back
The employees at Resurgent Capital Services are horrible! They called one of my relatives this week, with a "creepy, threatening" call for me, even though Resurgent has my current address information. My relative said the man from Resurgent sounded exactly like the narrator of the old 1950's horror flick, "The Creature of the Black Lagoon."
I sent Resurgent a certified mailing on 5-6-15. In the letter, I disputed the validity of the debt, as I had already repaid the debt in full, more than three times over, nine years ago, via four electronic drafts from my old bank account. The original collection agency never reported my debt as repaid to the 3 main credit reporting bureaus. I also asked Resurgent in the 5-6-15 letter to stop contacting me. So, instead, they contact my relative with a creepy call. Resurgent is in total violation of the Fair Debt Collection Practices Act. I only wish I could afford an attorney.