Consumer complaint received 2023-07-13
Company: Resurgent Capital Services L.P.
State: UT
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
XXXX sent somebody from XXXX XXXX XXXX XXXX to serve me court papers about them suing me for a credit card debt the bought from XXXX XXXX. As requested I responded in the right amount of time, submitted and filed it with the courts. went by the book. I clearly expressed I wasn't even sure the debt was mine to begin with. I have no problems taking responsibility for certain things. I don't remember the card being in my possession and I explained to them that around the time of that card I had been kicked out of my home and all my possessions were kept including my wallet my clothes my shoes and all my belongings a lot of it was destroyed and some of it was sold I guess. but I was on the street and if I had had a credit card I wouldn't have had to sleep in my car or beg my mother for money for shoes I XXXX sure would have been homeless with a credit card with a {$5000.00} limit on it. I never saw the card again I had to start all over and that's how long I have to starting over I had an accident at home cost me a XXXX XXXX XXXX so my memory of things are not the best. But in any case because of that XXXX XXXX I have health issues as well as pre-existing conditions that demand I am not allowed to get myself too stressed out because it can be detrimental and my health could deteriorate. so I found a letter they had sent saying that we can make a payment arrangement before needing to go to court so to keep my stress level down that's what I did. I contacted them and I set up an agreement to pay {$150.00} a month each month. they were supposed to send me paperwork that I was going to sign that way we could afford Court and the debt could start being paid. During this time due to stress from this incident and overworking myself I started having problems with my XXXX  so I agreed and I made my first payment of {$150.00} in XXXX. I never received this supposed contract I was supposed to sign. but I still continue to pay them and made my payment for XXXX and made my payment for XXXX each of {$150.00} as we agreed on. I made the payment around the same time as I did the first one in XXXX which is the end of the month around the XXXX to XXXX I think. Because it was around the time of my birthday which was XX/XX/XXXX. I have a XXXX XXXX XXXX that stressed or my body can't handle what's going on XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX so I did whatever it took including borrowing money to make sure that these payments happened so that way I could stay out of court. plus I XXXX XXXX XXXX and I don't need anything extra complicating my life due to me having to go through these health issues and already suffering extreme amounts of pain on a daily basis and XXXX XXXX XXXX XXXX XXXX XXXX. When I set up the payment plan I told the girl that I don't have almost any money XXXX is closing due to me having to look into XXXX because as a XXXX XXXX XXXX XXXX XXXX XXXX XXXX you can't get really far so I was losing everything I'd ever worked for. I go and I check the mail XX/XX/XXXX I believe to see if my replacement driver 's license had came in the mail because it had been some time and I first opened a letter from a law firm I've never heard of telling me that the courts had awarded lvnv funding a judgment against me and the letter was trying to convince me to do bankruptcy or something. I've gotten probably about 15 of those letters already from different law firms that I've never even heard of about filing bankruptcy and my personal information obviously being used and I'm not sure why. But this was news to me I had not been informed that I had court and furthermore why would I have court if I have made payments according to a payment plan that I thought we agreed on even though I still have yet to see paperwork of such agreement. I was never informed that I had court or that I was having a judgment filed against me regardless and I'm not sure why I would have a judgment filed against me if they were receiving payment I have the receipts of every payment that I've made to them from the beginning of all this in XXXX of this year XXXX and XXXX. I would understand if they took me to court for judgment if I wasn't paying on an agreed plan but I did and just like they served me at my house on a Sunday evening to let me know they were suing me they could have done the same thing this time but they didn't they just went ahead and filed against me in XXXX. Immediately when I opened the next piece of mail and I saw that it was from them or from the court stating that I had a judgment against me in their favor I contacted the court and asked the court clerk how was that possible. how is it possible when I hadn't violated any supposed agreement especially when I haven't signed an agreement but they were still receiving a payment then how did they have a right to take me to court behind my back without being properly informed and receive a judgment against me while they were already taking my money. she didn't understand how that was possible either and she directed me to start filing reports with Trade Commission XXXX XXXX XXXX  and whoever else I could so that way if investigation could happen and then I could take the findings that I investigation back to the courts to the judge so they can't try to take anything from me and that this could be resolved.. They received judgment I think and she said XX/XX/XXXX and then it was filed on XX/XX/XXXX. I want to say she mentioned something about it being originally filed in XXXX to take me anyways but if they did that in XXXX I had not missed a payment still it wasn't even time for my second payment so they took my first payment and then proceeded anyways to take me to court without me knowing and then collected XXXX payment still did not inform me of anything took me to court and collected XXXX XXXX payment and still hasn't said anything. the whole point of me paying this debt that I don't think is mine to begin with was to keep me out of having the stress of dealing with courts and having a judgment against me but they did it anyways behind my back and without informing me while taking my money when I already don't have any money to begin with. I don't own anything and I can't say I live paycheck to paycheck because I don't make a paycheck. I couldn't violated any contract because I didn't sign one and if I didn't violate a contract how can you take me to court over said contract and if I wasn't paying you then I would understand but they received the payment we agreed on over the phone and I haven't missed one yet. XXXX XXXX payment will be due and I don't have the money for that because now I have to get a lawyer to fight to keep them from trying to take whatever they think I may have which I don't have anything I live in an attic and sleep in a closet I'm losing the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX that I'm having to close after working so hard to have and I have nothing to show for it I don't have a home I have a vehicle that works half the time that I fix that is worthless but I use it for work they're coming after me as if I have a million dollars when I don't have any money in a bank account. When I made those payments on XXXX and XXXX not only did I have to borrow that money but I didn't eat I went without food to make sure they got those payments for them to turn around and sue me and that's not right I want them to be held accountable for what I hear there's 400 complaints against them with a XXXX XXXX XXXX for fraudulent practices and something needs to be done to have a better XXXX XXXX XXXX rating of XXXX. Something. How are they still in business.?!

Company response to consumer: Closed with explanation