Consumer complaint received 2023-04-17
Company: Resurgent Capital Services L.P.
State: GA
Product: Debt collection
Sub-product: Medical debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
As a federally protected consumer I'm seeking proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. 


In a good faith effort to resolve this matter amicably, I demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature in wet ink, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. 

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information : XXXX ) Please evidence your authorization under 15 USC 1692 ( e ) 15 USC 1692 ( f ) and USC 1692 ( g ) in this alleged matter. 
XXXX ) What is your authorization of law for your collection of information? 
XXXX ) What is your authorization of law for your collection of this alleged debt? 
XXXX ) Please evidence your authorization to do business or operate in the state. 
XXXX ) Please provide proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet signature. 

You have 7 days of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter ( XXXX ) in error, and that this matter is permanently closed. 

Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three-primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. I can't obtain housing or employment due to the violations on my credit file. 

Failure to respond within 7 days of this letter will begin my small claims action against your company. I will be seeking {$5000.00} in damages for the following : XXXX ) Defamation XXXX ) Negligent Enablement of Identity Fraud XXXX ) Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffs office in your county and I will begin the process of attaching property or funds to satisfy the judgment. 

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. 

The Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ) will be notified regarding this alleged debt.

Company response to consumer: Closed with explanation