Consumer complaint received 2023-06-20
Company: Resurgent Capital Services L.P.
State: MD
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Subject : LVNV Funding LLC  XXXX XXXX XXXX  XXXX Acct. ( s ) Ending : XXXX | Amount {$2200.00} Court System : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX - CIVIL SYSTEM - Case Number : XXXX Claim Type : CONTRACT District/Location Codes : XXXX / XXXX Filing Date : XX/XX/XXXX Case Status : ACTIVE Ending : XXXX Amount {$1200.00} Court System : XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX - Case Number : XXXX Claim Type : CONTRACT District/Location Codes : XXXX / XXXX Filing Date : XX/XX/XXXX Case Status : ACTIVE XXXX. Unauthorized Account open as a result of Identity theft XXXX. Time-Barred Debt and Violation of XXXX. Harassment XXXX. Violation of The Fair Credit Reporting Act ( FCRA ) is a federal law that regulates the credit reporting industry and protects consumers ' rights. These are just a few of the FCRA 15 U.S.C. 1681 et seq violations I have experience at the hand of LVNV Funding LLC since XXXX and as of now XX/XX/XXXX. 
Failure to follow proper debt disclosure or dispute procedures Reporting inaccurate information ( Exhibit XXXX ) Mixing my files with someone else who has similar background information a FCRA violations which has result in credit denial, loss of employment opportunities and public embarrassment as a result of repeatedly having to explain a debt that does not belong to me. ( Exhibit XXXX ) XXXX. Willful Non-Compliance and negligent. ( Exhibit XXXX ) My name is XXXX XXXX, and I am submitting this written complaint against LVNV Funding LLC, for harassing me for debt that does not belong to me. I did not authorize the opening of the accounts referenced in this complaint. Both are the result of my identity being stolen in XX/XX/XXXX. I have been disputing the two accounts ever since they appeared on my credit report. I have never made any payments on either account. Both accounts showed up on my credit report XX/XX/XXXX. 
LVNV Funding has violated Fair Debt Collection practices. 

My original dispute XX/XX/XXXX fails on death ears as a result I hired XXXX XXXX, XX/XX/XXXX to assist me with the matter. Please see the attached correspondence date XX/XX/XXXX noting where they also sent a dispute on my behalf. 
This debt does not belong to me and what is more discussing is that LVNV Funding has harassed for more than 36 months over a time-barred debt, that doesnt belong to me and has been filing legal actions against my name causing harm to my credit score, resulting in credit rejection, employment opportunities and public embarrassment by having to provide written explanation as a result of their false reporting. 
I have provided proof of this ongoing harassment and cyber bullying. They have re-aged using the date they purchased the debt as the date the account was opened. 
LVNV Funding has reported false information on my credit file to numerous 3rd party credit reporting agencies. 

Both accounts are over 5 years old and were already time-barred when LVNV purchased them, yet they still proceeded to file all sorts of legal action in court against me. HARASSMENT! It is XX/XX/XXXX which is 5 years from the date that they claim the account went into default. However, the original date referring to my submitted XXXX XXXX correspondence both accounts went into default near or about XX/XX/XXXX, immediately 90 days after they were created which is actually 6 years ago. 
LVNV Funding llc, has been intentionally breaking the law and violating debt collection practices. I reside in Maryland. 

Time limits on debts In Maryland, debts must be collected within a certain time. If you owe money to someone, the person is called a creditor, and what you owe them is called a debt. The creditor generally has 3 years ( 4 years if the debt is owed for the sale of goods ) from the date the debt becomes due to ask the court to order you to pay. A court order to pay a debt is known as a judgment. If the creditor does not go to court within the time limit, then the court generally will not order you to pay the debt. 
Read the Law : Md. Code, Courts and Judicial Proceedings 5-101 ; Commercial Law 2-725 If the creditor does go to court within 3 years, and the court does order you to pay it, then that person has 12 years to collect it from you, unless the judgment is renewed. 

Complaint No : XXXX ( LVNV FUNDING LLC ) XXXX : ( XXXX, XXXX ) Type : REGULAR CLAIM - Complaint Status : ACTIVE Status Date : XX/XX/XXXX Filing Date : XX/XX/XXXX Amount {$1200.00} Last Activity Date : XX/XX/XXXX XXXX XXXX XXXX XXXX  XXXX A - Original creditor LVNV FUNDING LLC purchased the closed account and then reopened the account with a new date. 
Last reported XX/XX/XXXX, and Re-Opened XX/XX/XXXX ( XXXX mos. ) Account status Open Type -- Responsibility Individual Remarks Placed for collection Original creditor name XXXX XXXX XXXX XXXX XXXX XXXX Respectfully, XXXX XXXX XXXX : Maryland Office of the Attorney Generals Consumer Protection Division Consumer Financial Protection Bureau Please see the attached supporting documentation for my claims and damages.

Company response to consumer: Closed with explanation