Consumer complaint received 2023-10-10
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XXXX XXXX I mailed a letter to LVNV requesting information about an alleged debt. My FCRA rights are being violated as the company did not respond. The letter sent is below. 

To whom this may concern, I would like to affirm here in this notice that this debt is invalid. 

Please note On this day XXXX, I reserved my rights to dispute this alleged debt, pursuant the Fair Debt Act concerning the validity of this alleged debt. Please note that I do understand and reserve all of my rights granted by Fair Debt Collection Act under Federal Laws, which gives me the right to dispute the validity and accuracy of any debt claim. I would like to aver herein this notice, that I do not believe these alleged debt to be correct and accurate. Please note that this is not an attempt to avoid a debt that may be valid. 

If your company LVNV Funding claims this debt is valid, correct, and accurate, I challenge your company to produce the following specific verification of records : 1. A copy of original contract, ( the unaltered genuine original wetting ink signature copy ), paper chattel. Attached with a signed application dated with my signature. 

2. Proof that your company offered me some form of consideration ( i.e. loan, service, or good ) and proof that I accepted your companys offer. 

3. The specific identities of the real parties of interest 4. A sworn affidavit of verification from a company employee or a custodian of records affirming that they have personal knowledge of this alleged account and that amount of XXXX XXXXis owed to LVNV Funding. 

5. A full ledger of accounting documentation. 

6. Specific services and codes ( please include service codes ). 

7. Please provide your Georgia business license and articles of incorporation to do business in my state of Georgia. 

Please note that the legal term for verification is as follows, -verification n. the declaration under oath or upon penalty of perjury that a statement or pleading is true, located at the end of a document. For example a typical verification reads : " I declare under penalty of perjury under the laws of Georgia, that I have read the above complaint and I know it is true of my own knowledge, except as to those things stated upon information and belief, and as to those I believe it to be true. 
- Law definition Terms and conditions I hereby give your company LVNV, 10 business days to produce verification described herein this notice .If your company fails to produce the aforementioned verification documentation within the measure of this time outline above, then it will be assumed that the alleged debt is invalid and I am accountable for no more than XXXX dollars in regards to this alleged debt. Also please note, I will not accept anything less than a sworn affidavit under penalty of perjury by a custodian of record, employer by the allege creditor, affirming that the said alleged debt exceeds more than XXXX dollars. Please refrain from contacting me by phone or mail concerning this alleged debt until the aforementioned verification/validation is satisfied. Failure to do so may result in me initiating a legal action and/or a filing an administrative complaint with the appropriated agencies including the Federal Trade Commission and the Consumer Protection Financial Bureau for further investigation. Thank you very much in advance for your prompt response. 
Respectfully, XXXX XXXX

Company response to consumer: Closed with explanation