Consumer complaint received 2023-12-29
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: Resurgent Capital Services L.P. (VA)

I received a garnishment summons on XXXX XXXX from LVNV Funding, LLC but had received no prior notices that I was being sued, or that I was supposed to have been in court, regarding this debt. I was given XXXX weeks ' notice that my wages would be taken. After finding this out, I went to my courthouse on XXXX XXXX to find out how or when a warrant or summons was allegedly delivered to me. I find that a Warrant in Debt was allegedly served on XX/XX/XXXX to an address that I had not lived since XXXX, and that, according to the warrant, the notice was taped to the door, not confirming that it would be delivered to the right person, and I did not receive any certified mailed copy of the warrant, so no other methods were taken to ensure that I would receive this warrant. 
I filed proper changes of address with the U.S. Postal service when I moved, as necessary, so I would have received any mail from that previous address. Had this company attempted to contact me, I would have received it. From XXXX, I heard nothing from this creditor until my employer informed me that my wages were being garnished on XX/XX/XXXX. I attempted to contact the number provided on the garnishment summons on XXXX XXXX to inform them that National Debt Relief is working on my behalf to obtain settlements for the debt owed, however, it was a non-working number. I also notified my credit services company, National Debt Relief, to inform them that I was being sued, unknowingly and that my wages would be garnished, and I submitted all of the information i received to them. My employer informed me that 25 % of my pay would be garnished, XXXX weeks from the date of the summons and on XX/XX/XXXX, {$590.00}, approximately, was taken from my pay, leaving me with just enough to pay my rent, but not enough to buy food and pay my other bills, or to even get me to my next pay date. This garnishment caused an extreme hardship for me financially and mentally because I was unable to meet my current obligations. I also, have made provisions, prior to a warrant, to negotiate any debt, since XXXX of XXXX, to help me to negotiate old debts. Had this company properly notified me, they would have gotten this information so as to collect their debt from me fairly. Instead, the company sent a warrant to an old address, taped it to the door, not even by certified mail, failing to ensure it would be delivered to me. My new address was also updated with all the credit bureaus, yet, they didn't attempt to find me, they found my employer very quickly, took my pay, and left me scrambling for money. I was not provided any opportunity to represent myself in court, or to be able to talk to them to address an opportunity for negotiation, especially since they didn't serve me correctly, nor had they been in any form of contact with me. I didn't know I was being sued. This is unfair, and deceptive practices that have caused greater damage to my finances, my credit, and even though I was doing the right thing, this company subverted fairness and the law, taking my pay and suing me with my knowledge. Therefore, they failed to properly serve me with a notice of lawsuit, violating state rules of civil procedure, the FDCPA, and the RFDCPA, and my right to due process. These laws prohibit a collector from using any unfair or unconscionable means to collect a debt or attempt to do so, without providing me with notice of a suit, and allowing me the chance to respond, because they deliberately wanted to skip directly to garnishing my wages instead.