Consumer complaint received 2023-07-12
Company: Resurgent Capital Services L.P.
State: TN
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
LVNV FUNDING C/O RESURGENT CAPITAL SERVICES XXXX XXXX XXXX XXXX, SC XXXX is fraudulently reporting a collection for an account they do not own. I have been fighting with them for several years. Starting in XXXX this company began harassing me via telephone demanding payment for a debt. I repeatedly asked in XXXX, XXXX and XXXX for bills in writing which they would never send. They refused to provide anything in writing. Their representative violated FDCPA on several occasions. They threatened my minor child when they called his phone in XXXX ( because it was listed in my name ), They told XXXX different people that they were attempting to serve me with court papers in XXXX, and there was no suit filed against me in XXXX. They called my place of employment in XXXX, AFTER they were told I was not allowed to have calls at work because I worked in a call center. They demanded my supervisor put me on the phone, when he told them I was not allowed to take calls, they told him that they were collecting on a credit card that I refused to pay, they told him the exact amount of money they claim I owed ( which is against the law ) and they lied, and said that the cops were on their way to my place of employment to arrest me, it is also illegal to threaten criminal punishment for a civil action that is not subject to criminal punishment. After that I sent them XXXX different letters requesting validation of the debt, to the address on my credit reports. They refused to respond. LVNV Funding sued me in XX/XX/XXXX, outside of statute of limitations for credit card debt collection in Tennessee. First court date I demanded proof, because they had never sent me any proof. At which point Resurgent finally mailed me a written statement along with a falsified copy of credit card bills. They showed up at court 4 times, with no competent evidence that they owned debt. They were attempting to abuse the legal system. Every time I showed up, with my proof in hand, their attorney would reset the date so they would show up with their proof. What they were really doing was hoping I would not show up to court so they could get a default judgement against me for a debt they could not provide competent evidence of ownership for. On XX/XX/XXXX, I had a motion to dismiss hearing where I showed the judge that 1, this debt is owned by another debt collector and 2, it is outside of statute of limitations. The judge dismissed their case because they still sent their attorney with no documentation or proof at all. I immediately sent the court documentation to XXXX, XXXX and XXXX. XXXX immediately removed the false information from my report. However, XXXX and XXXX have not removed it. I have sent numerous letters to Resurgent to remove their fraudulent information from my credit report and they refuse to do it. I am attaching proof that another company owns the debt, a copy of the REAL bill for that account, where you can clearly see the amounts, date account was open etc are different from the bill they are producing. I'm attaching a copy of their letter and bill as well as the order signed by the judge dismissing their case.

Company response to consumer: Closed with explanation