Consumer complaint received 2023-02-05
Company: Resurgent Capital Services L.P.
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Spoke to XXXX and was informed that this alleged debt is in her system. 
XXXX opened XX/XX/XXXX, XXXX {$98000.00} Credit XXXX XXXX XX/XX/XXXX XXXX XXXX {$910.00} XXXX XX/XX/XXXX {$200.00} XXXX  XXXX XX/XX/XXXX, XXXX Credit XXXX XXXX XX/XX/XXXX {$920.00} This is affidavit I sent to Resurgent asking these questions and presenting laws too regarding this claim. Claiming there is an alleged debt, fraud and misrepresentation of facts, damage to my reputation, and falsely reporting inaccurate information to the bureaus Affidavit of Truth Rights of Subrogation 1. Comes Now, XXXX XXXX, non-citizen, National of the United States, Investor of the United States, Certificated Security Holder of the principal debtor/Franchise/Cestui que Trust ( XXXX XXXX XXXX ) I have dominion over all rights/interest of the principal debtor, all proceeds, titles, deeds, bonds, securities are due unto me as I have the right of subrogation as the holder in due course.

2. Can you show proof of your authority/possession of the Certificated Security of the principal debtor in order to legislate over any property of the principal debtor? I am here for all securities and chattel papers of this account/case, can you produce the original bill of presentment so that I may do equity and transfer all securities and chattel papers to you to settle all obligations of this mutual account?

3. This matter has created a constructive trust by you taking private property and using it in the public to settle the public interest without just compensation. Whereas I now accept all securities in equity as redemption. I accept all charges on the account and I am releasing/assigning all claims and transferring all chattel papers and securities of the principal and appointing ( XXXX ) as fiduciary to settle charges of this mutual account immediately.

4. If you choose not to do equity then there is no sufficient claim, and there is no injured party therefore these claims are null and void. This case is either satisfied or nullified there are no other eventualities.

5. WHEREAS As all government entities and alleged private corporations must be a creature of the American Constitution, this is a formal Request and Command for you to produce for the record, the Legislative Act that created your Authority to 1 ) enforce an instrument you are not in possession of, 2 ) or to enforce an instrument that was destroyed by way of securitization Take notice that a de facto basis for powers of authority is not sufficient in this matter. Failure to provide proof of your de jure authority constitutes your actions as ultra vires and by operation of law your Bond/Charter is dissolved, a trust arises, and I become beneficiary of said trust. As beneficiary to your dissolution, I special deposit for credit on account and order all debts be paid from your capital stock.

6. Claiming there is an alleged debt when the Bill/note was destroyed by way of securitization therefore fully discharging all debt between parties according to U.C.C 3-604 ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed record. 

This is fraud and misrepresentation of the material facts, the character and legal amount of debt. This is an ultra vires act, usurping powers that are not within your charter/Bond nor authorized by law. 

Any false representation of material facts made with knowledge of falsity and with intent that it shall be acted on by another in entering into contract, and which is so acted upon, constitutes fraud, and entities party deceived to avoid contract or recover damages. XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX F XXXX XXXX. 
XXXX XXXX XXXX said : The doctrine of ultra vires is a most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked to often. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX. Conclusion : Do you have the original bill of particular/presentment ( negotiable instrument ) in your possession to enforce the instrument to seek payments of a debt? Can you prove that you did not discharge all debts by destroying the original bill of particular/presentment by way of securitization? Do you have the certificated security instrument issued by the United States to show proof of possession over the principal debtor for subrogation rights over all proceeds of the principal debtor? Can you show proof the Plaintiff of the case filed as evidence proof of the Original Note to enforce the instrument? 

8. If you can not provide proof of possession of the original bill of presentment to enforce the instrument to seek payments of debt according to UCC 3-301 or provide proof the original bill of presentment was not destroyed by way of securitization I demand for these cases to be discharged immediately and all obligations are fully satisfied. I pray to be discharged with reasonable costs of my labor and service in this behalf sustained. 

XXXX. Fees for Services : See Fee Schedule Attached 1. Summons, Court Notices without Contract {$10000.00} 2. Responsive Communication {$250.00} a page= 4 pages {$1000.00} 3. Review and Research for responsive communications $ XXXX XXXX {$11000.00} 10. You now have 9 days to fully answer and or rebut all claims that has been made within this affidavit and show proof of your possession of the original bill and or you did not destroy the bill by way of securitization. If you choose not to answer I will assume you have discharged all debts and fully settled this mutual account. Be fully aware your silence is accepted as consent and a Quo warranto will be filed for you ultra vires acts against the Public Interest. 

I declare under penalty and perjury under the laws of the United States of America that the foregoing is true and correct. 28 USC 1746 Non-Citizen National of the United States, Investor, Master Merchant, XXXX XXXX XXXX This is XXXX XXXX speaking in my behalf.

Company response to consumer: Closed with explanation