Consumer complaint received 2023-11-27
Company: Resurgent Capital Services L.P.
State: FL
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:
On XX/XX/2023, LVNV FUNDING LLC and XXXX XXXX XXXX XXXX filed a Complaint with Exhibits alleging the following : XXXX. XXXX made purchases and/or received cash advances utilizing credit extended by XXXX XXXX XXXX, XXXX. ( the 'Creditor ' ), account number XXXX. 

XXXX. In accordance with the transactions made by myself on the account ( the 'Account ' ) heretofore mentioned, XXXX XXXX XXXX, XXXX XXXX and XXXX agreed to the resulting balance. 

XXXX XXXX XXXX XXXX, XXXX XXXX rendered statement ( s ) of the Account to XXXX, copies of which are attached hereto and incorporated herein as Exhibit 'XXXX ', and Defendant did not object to the statement ( s ). 

XXXX. XXXX failed and/or refused to pay for said purchases or cash advances as agreed, or otherwise. 

XXXX. XXXX XXXX XXXX  has purchased the debt incurred by XXXX and now owns and holds all rights relative thereto, as evidenced by a copy of the ownership transfer documents attached hereto and incorporated herein as Exhibit 'XXXX  '. 

XXXX. XXXX owes XXXX {$1400.00}. 

XXXX XXXX XXXX XXXX has conferred a benefit on Defendant by providing credit for cash advances, products and/or goods and services. 

XXXX. XXXX has knowledge of the benefit and the use thereof by Defendant constitutes an unjust enrichment of XXXX at Plaintiffs expense. 

XXXX. XXXX has accepted or retained the benefit conferred and the circumstances are such that it would be inequitable for XXXX to retain the benefit without paying fair value for it. XXXX has failed to pay for said benefit and XXXX has therefore been unjustly enriched. 

XXXX. As a result of the unjust enrichment of XXXX, LVNV FUNDING LLC has been damaged in an amount in equal to {$1400.00}. 

On XX/XX/2023, LVNV FUNDING LLC and XXXX XXXX XXXX XXXX filed a SUMMONS alleging that XXXX was properly serviced but XXXX was not properly serviced. XXXX XXXX XXXX XXXX XXXX named XXXX XXXX claims to have served copies of the Complaint, Exhibitsm and Notice to Appear For Pre-Trial Conference to a XXXX XXXX. He claims that this XXXXXXXX XXXX was XXXX 's co-resident, which is not true. XXXX had no knowledge of this woman or her interaction with the XXXX XXXX. 

On XX/XX/2023, LVNV FUNDING LLC and XXXX XXXX XXXX XXXX filed a Motion for Summary Judgment. 

On XX/XX/2023, an Answer, Affirmative Defenses, Demand for Jury Trial, Memorandum in Opposition of Summary Judgment was filed by XXXX. 

On XX/XX/2023, there was a hearing. 

On XX/XX/2023, a Request for Admissions and Request for Production was filed by XXXX. 

On XX/XX/2023, LVNV FUNDING LLC and XXXX XXXX XXXX XXXX filed a Motion for Summary Judgment. 

On XX/XX/2023, an Answer, Affirmative Defenses, Demand for Jury Trial, Memorandum in Opposition of Summary Judgment was filed by XXXX. 

On XX/XX/2023, there was a hearing on the Motion for XXXX XXXX. XXXX XXXX ( XXXX ) denied the Motion for Summary Judgment and gave LVNV FUNDING an additional 20 days to respond to an overdue discovery. 

On XX/XX/2023, LVNV FUNDING LLC and XXXX XXXX XXXX XXXX filed a Notice of Voluntary Dismissal. 

XXXX XXXX is still reporting an unverified debt to the Credit Reporting Agencies further damaging the reputation, credit worthiness, and ability to obtain credit and/or loans even after filing litigation against XXXX then proceeding to voluntarily dismiss their own action due to not having documents requested for discovery.

Company response to consumer: Closed with explanation