UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 0:20-cv-61297-RKA

BYRON HALL, et al.

Plaintiff,

v.

LVNV FUNDING, LLC and RESURGENT 

CAPITAL SERVICES, L.P.

Defendants.

__________________________________________ /

ANSWER TO CONSOLIDATED COMPLAINT

Defendants Resurgent Capital Services, L.P. and LVNV Funding, LLC, by and through 

their undersigned counsel, answer Plaintiff’s Consolidated Complaint as follows:

JURISDICTION AND VENUE

1. Defendants deny the allegations in Paragraph 1 of the Complaint.

2. Defendants deny the allegations in Paragraph 2 of the Complaint.

3. Admitted in part, denied in part. Defendants admit upon information and belief 

Plaintiff resides in this District. Defendants deny all remaining allegations in Paragraph 3 of the 

Complaint.

PARTIES

4. Admitted upon information and belief.

5. Admitted.

6. Admitted in part, denied in part. Defendants admit LVNV is a Delaware limited 

liability company. Defendants deny all remaining allegations in Paragraph 6 of the Complaint.

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DEMAND FOR JURY TRIAL

7. Admitted in part, denied in part. Defendants admit Plaintiffs demand a trial by jury. 

Defendants deny the existence of triable issues of fact. To the extent triable issues are found to 

exist, Defendants demand a trial by jury on all issues of fact so triable. 

ALLEGATIONS

8. Admitted.

9. Defendants deny the allegations in Paragraph 9 of the Complaint.

10. Admitted.

11. Admitted.

12. Admitted.

13. Admitted.

14. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the Florida Administrative Code. Defendants deny all remaining 

allegations in Paragraph 14 of the Complaint.

15. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the Florida Administrative Code. Defendants deny all remaining 

allegations in Paragraph 15 of the Complaint.

16. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the Florida Administrative Code. Defendants deny all remaining 

allegations in Paragraph 16 of the Complaint.

17. Admitted.

18. Admitted.

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19. Admitted in part, denied in part. Defendants admit the accounts at issue originated 

with a third-party creditor. Defendants deny all remaining allegations in Paragraph 19 of the 

Complaint.

20. Defendants deny the allegations in Paragraph 20 of the Complaint.

21. Admitted in part, denied in part. Defendants admit LVNV conveyed a limited 

power of attorney to Resurgent on or about January 15, 2007, for the purposes specified therein. 

Defendants deny all remaining allegations in paragraph 21 of the Complaint.

22. Defendants deny the allegations in Paragraph 22 of the Complaint.

23. Defendants deny the allegations in Paragraph 23 of the Complaint.

24. Defendants deny the allegations in Paragraph 24 of the Complaint.

25. Defendants deny the allegations in Paragraph 25 of the Complaint.

ALLEGATIONS OF TITUS

26. Admitted in part, denied in part. Defendants admit upon information and belief 

Plaintiff Titus filed a Chapter 13 bankruptcy petition on or about October 8, 2019. After reasonable 

investigation, Defendants lack sufficient knowledge and information to form a belief as all 

remaining allegations in Paragraph 26 of the Complaint and as such they are denied.

27. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-1 on behalf 

of LVNV, on or about October 15, 2019, for an account owed by Plaintiff Titus that originated 

with Capital One Bank (USA), N.A. Defendants admit Plaintiff Titus defaulted on the account 

and the account is owned by LVNV. Defendants admit PoC-1 was signed under penalty of perjury 

by Resurgent’s employee, David Lamb, who was acting within the course and scope of his 

employment. Defendants deny all remaining allegations in Paragraph 27 of the Complaint.

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28. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-2 on behalf 

of LVNV, on or about January 2, 2020, for an account owed by Plaintiff Titus that originated with 

HSBC Bank Nevada, N.A. Defendants admit Plaintiff Titus defaulted on the account and the 

account is owned by LVNV. Defendants admit PoC-2 was signed under penalty of perjury by 

Resurgent’s employee, David Lamb, who was acting within the course and scope of his 

employment. Defendants deny all remaining allegations in Paragraph 28 of the Complaint.

29. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-3 on behalf 

of LVNV, on or about January 2, 2020, for an account owed by Plaintiff Titus that originated with 

HSBC Bank Nevada, N.A. Defendants admit Plaintiff Titus defaulted on the account and the 

account is owned by LVNV. Defendants admit PoC-3 was signed under penalty of perjury by 

Resurgent’s employee, David Lamb, who was acting within the course and scope of his 

employment. Defendants deny all remaining allegations in Paragraph 29 of the Complaint.

30. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-4 on behalf 

of LVNV, on or about January 2, 2020, for an account owed by Plaintiff Titus that originated with 

General Electric Capital Corporation. Defendants admit Plaintiff Titus defaulted on the account 

and the account is owned by LVNV. Defendants admit PoC-4 was signed under penalty of perjury 

by Resurgent’s employee, David Lamb, who was acting within the course and scope of his 

employment. Defendants deny all remaining allegations in Paragraph 30 of the Complaint.

ALLEGATIONS OF HALL

31. Defendants admit upon information and belief Plaintiff Hall filed a Chapter 13 

bankruptcy petition on September 16, 2019. After reasonable investigation, Defendants lack 

sufficient knowledge and information to form a belief as all remaining allegations in Paragraph 31 

of the Complaint and as such they are denied.

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32. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-5 on behalf 

of LVNV, on or about September 25, 2019, for an account owed by Plaintiff Hall that originated 

with First Premier Bank. Defendants admit Plaintiff Hall defaulted on the account and the account

is owned by LVNV. Defendants admit PoC-5 was signed under penalty of perjury by Resurgent’s 

employee, David Lamb, who was acting within the course and scope of his employment. 

Defendants deny all remaining allegations in Paragraph 32 of the Complaint.

33. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-6 on behalf 

of LVNV, on or about September 24, 2019, for an account owed by Plaintiff Hall that originated 

with Capital One Bank (USA), N.A. Defendants admit Plaintiff Hall defaulted on the account and 

the account is owned by LVNV. Defendants admit PoC-6 was signed under penalty of perjury by 

Resurgent’s employee, David Lamb, who was acting within the course and scope of his 

employment. Defendants deny all remaining allegations in Paragraph 33 of the Complaint.

34. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-7 on behalf 

of LVNV, on or about October 21, 2019, for an account owed by Plaintiff Hall that originated with 

AmeriCredit Financial Services, Inc. Defendants admit Plaintiff Hall defaulted on the account and 

the account is owned by LVNV. Defendants admit PoC-7 was signed under penalty of perjury by 

Resurgent’s employee, Suzanne Dickson, who was acting within the course and scope of her 

employment. Defendants deny all remaining allegations in Paragraph 34 of the Complaint.

ALLEGATIONS OF AMODIO

35. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-8 on behalf 

of LVNV, on or about December 26, 2020, for an account owed by Plaintiff Amodio that 

originated with General Electric Capital Corporation. Defendants admit Plaintiff Amodio 

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defaulted on the account and the account is owned by LVNV. Defendants admit PoC-8 was signed 

under penalty of perjury by Resurgent’s employee, William Andrews, who was acting within the 

course and scope of his employment. Defendants deny all remaining allegations in Paragraph 35 

of the Complaint.

ALLEGATIONS OF VILCINA

36. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-9 on behalf 

of LVNV, on or about July 3, 2019, for an account owed by Plaintiff Vilcina that originated with 

Household Bank (SB), N.A. Defendants admit Plaintiff Vilcina defaulted on the account and the 

account is owned by LVNV. Defendants admit PoC-9 was signed under penalty of perjury by 

Resurgent’s employee, Leoann Shannon, who was acting within the course and scope of her 

employment. Defendants deny all remaining allegations in Paragraph 36 of the Complaint.

ALLEGATIONS OF FONTANEZ

37. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-10 on 

behalf of LVNV, on or about August 29, 2019, for an account owed by Plaintiff Fontanez that 

originated with HSBC Bank Nevada, N.A. Defendants admit Plaintiff Fontanez defaulted on the 

account and the account is owned by LVNV. Defendants admit PoC-10 was signed under penalty 

of perjury by Resurgent’s employee, David Lamb, who was acting within the course and scope of 

his employment. Defendants deny all remaining allegations in Paragraph 37 of the Complaint.

ALLEGATIONS OF JONES

38. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-11 on 

behalf of LVNV, on or about July 24, 2019, for an account owed by Plaintiff Jones that originated 

with HSBC Bank Nevada, N.A. Defendants admit Plaintiff Jones defaulted on the account and 

the account is owned by LVNV. Defendants admit PoC-11 was signed under penalty of perjury 

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by Resurgent’s employee, Susan Gaines, who was acting within the course and scope of her

employment. Defendants deny all remaining allegations in Paragraph 38 of the Complaint.

ALLEGATIONS OF DAY

39. Admitted in part, denied in part. Defendants admit Resurgent filed PoC-12 on 

behalf of LVNV, on or about June 18, 2020, for an account owed by Plaintiff Day. Defendants 

admit Plaintiff Day defaulted on the account and the account is owned by LVNV. Defendants 

admit PoC-12 was signed under penalty of perjury by Resurgent’s employee, Susan Gaines, who 

was acting within the course and scope of her employment. Defendants deny all remaining 

allegations in Paragraph 39 of the Complaint.

EXHIBITS

40. Admitted.

41. Admitted.

ARTICLE III STANDING

42. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the legal authority cited in Paragraph 42 of the Complaint. Defendants 

deny all remaining allegations in Paragraph 42 of the Complaint.

43. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the legal authority cited in Paragraph 43 of the Complaint. Defendants 

deny all remaining allegations in Paragraph 43 of the Complaint.

44. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the legal authority cited in Paragraph 44 of the Complaint. Defendants 

deny all remaining allegations in Paragraph 44 of the Complaint.

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45. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the legal authority cited in Paragraph 45 of the Complaint. Defendants 

deny all remaining allegations in Paragraph 45 of the Complaint.

46. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted text from the legal authority cited in Paragraph 46 of the Complaint. Defendants 

deny all remaining allegations in Paragraph 46 of the Complaint.

SCOPE OF TRICHELL

47. Defendants deny the allegations in Paragraph 47 of the Complaint.

48. Defendants deny the allegations in Paragraph 48 of the Complaint.

49. Defendants deny the allegations in Paragraph 49 of the Complaint.

50. Defendants deny the allegations in Paragraph 50 of the Complaint.

51. Defendants deny the allegations in Paragraph 51 of the Complaint.

52. Defendants deny the allegations in Paragraph 52 of the Complaint.

COUNT I.

VIOLATION OF 15 U.S.C. § 1692e(2)(A)

(against Resurgent)

53. Defendants incorporate and reallege Paragraphs 1 through 52 of this Answer as 

though more fully set forth herein. 

54. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted statutory text. Defendants deny all remaining allegations in Paragraph 54 of the 

Complaint.

55. Defendants deny the allegations in Paragraph 55 of the Complaint.

56. Defendants deny the allegations in Paragraph 56 of the Complaint.

57. Defendants deny the allegations in Paragraph 57 of the Complaint.

58. Defendants deny the allegations in Paragraph 58 of the Complaint.

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59. Defendants deny the allegations in Paragraph 59 of the Complaint.

WHEREFORE, Defendants Resurgent Capital Services, L.P. and LVNV Funding, LLC 

respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff; 

dismiss Plaintiff’s Complaint with prejudice; and, further award all such other relief, including 

attorney’s fees and costs, as is just and appropriate.

COUNT II.

VIOLATION OF FLA. STAT. § 559.72(9)

(against Resurgent and LVNV)

60. Defendants incorporate and reallege Paragraphs 1 through 52 of this Answer as 

though more fully set forth herein. 

61. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted statutory text. Defendants deny all remaining allegations in Paragraph 61 of the 

Complaint.

62. Defendants deny the allegations in Paragraph 62 of the Complaint.

63. Defendants deny the allegations in Paragraph 63 of the Complaint.

64. Defendants deny the allegations in Paragraph 64 of the Complaint.

WHEREFORE, Defendants Resurgent Capital Services, L.P. and LVNV Funding, LLC 

respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff; 

dismiss Plaintiff’s Complaint with prejudice; and, further award all such other relief, including 

attorney’s fees and costs, as is just and appropriate.

COUNT III.

VIOLATION OF FLA. STAT. § 559.72(5)

(against LVNV)

65. Defendants incorporate and reallege Paragraphs 1 through 52 of this Answer as 

though more fully set forth herein. 

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66. Admitted in part, denied in part. Defendants admit only the accuracy of any 

properly quoted statutory text. Defendants deny all remaining allegations in Paragraph 66 of the 

Complaint.

67. Defendants deny the allegations in Paragraph 67 of the Complaint.

68. Defendants deny the allegations in Paragraph 68 of the Complaint.

69. Defendants deny the allegations in Paragraph 69 of the Complaint.

70. Defendants deny the allegations in Paragraph 70 of the Complaint.

WHEREFORE, Defendants Resurgent Capital Services, L.P. and LVNV Funding, LLC 

respectfully request that this Honorable Court enter judgment in their favor and against Plaintiff; 

dismiss Plaintiff’s Complaint with prejudice; and, further award all such other relief, including 

attorney’s fees and costs, as is just and appropriate.

Respectfully submitted,

MESSER STRICKLER, LTD.

By: /s/ John M. Marees, II

LAUREN M. BURNETTE, ESQUIRE

FL Bar No. 0120079

JOHN M. MAREES, II, ESQUIRE

FL Bar No. 0069879

12276 San Jose Blvd.

Suite 718

Jacksonville, FL 32223

(904) 527-1172

(904) 683-7353 (fax)

lburnette@messerstrickler.com

jmarees@messerstrickler.com

Counsel for Defendants

Dated: August 21, 2020

CERTIFICATE OF SERVICE

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I certify that on August 21, 2020, a true copy of the foregoing document was served as 

follows:

Via CM/ECF

Jibrael Hindi, Esq.

Thomas Patti, Esq.

The Law Offices of Jibrael S. Hindi

110 SE 6th Street, 17th Floor

Ft. Lauderdale, FL 33301

jibrael@jibraellaw.com

tom@jibraellaw.com

Attorneys for Plaintiffs

MESSER STRICKLER, LTD.

By: /s/ John M. Marees, II

LAUREN M. BURNETTE, ESQUIRE

FL Bar No. 0120079

JOHN M. MAREES, II, ESQUIRE

FL Bar No. 0069879

12276 San Jose Blvd.

Suite 718

Jacksonville, FL 32223

(904) 527-1172

(904) 683-7353 (fax)

lburnette@messerstrickler.com

jmarees@messerstrickler.com

Counsel for Defendants

Dated: August 21, 2020

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