Consumer complaint received 2022-02-16
Company: Resurgent Capital Services L.P.
State: MI
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I, XXXX XXXX, a federally protected consumer, debtor, and holder in due course pursuant to UCC 3-306, I am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583 in regards to Account RESURGENT/LVNV FUNDING Account # : XXXX Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating 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. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you.

I will need this documentary evidence to insure that your office isnt using unlawful extortionate means, as defined by 18 U.S. Code 891, with forethought and malice to bring harm to me and my financial reputation by making any false claims of securities, causing a tax liability. This documentation showing my legal obligation to pay you would insure me that there isnt any unlawful theft by deception, bank fraud, and creation of the false and deceptive form is in the act of taking place to a federally protected consumer, beneficiary, debtor, and holder in due course pursuant to UCC 3-306.

Also note that if your company has filled out a 1099c form and is continuing any kind of collection activity as defined under 31 U.S. Code 3711 ( e ) by performing any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to the credit reporting agencies, garnishing wages, pursuing litigation or foreclosure, you are committing tax fraud and should be reported to the IRS for a fraudulent financial gain.

At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major credit reporting agencies ( XXXX, XXXX, or XXXX ) this action may constitute fraud under both Federal and State Laws. 
If your offices can provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which 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 my credit reports, I will not hesitate in bringing legal action against you and your client. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated. 
If your office fails to respond to this validation request within 30 days from the date of your receipt, all references to these accounts must be deleted and completely removed from my credit file, if applicable, and a copy of such deletion request shall be sent to me immediately.

Company response to consumer: Closed with explanation