Consumer complaint received 2025-07-25 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
L NOTICE OF DISPUTE AND DEMAND FOR VALIDATION OF DEBT Pursuant to 15 U.S.C. 1692g ( b ), UCC 3-501, and Applicable Case Law To Whom It May Concern, This correspondence constitutes a formal demand for validation of the alleged debt pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, and is made timely within the statutory 30-day window after receipt of your initial communication. All claims made herein are preserved under UCC 1-308 without waiver of rights.

Pursuant to 15 U.S.C. 1692g ( b ), you are hereby notified that I dispute the validity of the alleged debt in its entirety. You are therefore barred from continuing collection efforts until the debt is properly validated with the requisite documentation and proof of ownership and authority to collect.

DEMAND FOR VERIFIABLE AND LEGALLY SUFFICIENT PROOF You must provide full validation of the alleged debt, including but not limited to : 1. A certified copy of the original contract or promissory note bearing my signature, evidencing the alleged obligation.

2. Proof that you are the current legal holder in due course of said obligation as defined by UCC 3-302.

3. A complete account history from inception, showing all debits, credits, interest rates, fees, and payment history.

4. Documentation demonstrating a lawful assignment or transfer of the debt as required under UCC 9-406 and 3-203.

5. Verification of your registration and bonding with the Secretary of State and/or applicable licensing board under state law.

6. Evidence you are in compliance with 15 U.S.C. 1692e and 1692f, prohibiting misleading, unfair, and deceptive practices.

You are further placed on notice that the following case law supports this request and my right to dispute and demand validation : Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ) A collection agency must provide full account documentation upon demand.

Clark v. Capital Credit & Collection Servs., 460 F.3d 1162 ( 9th Cir. 2006 ) Validation must include competent evidence.

Fields v. Wilber Law Firm, P.C., 383 F.3d 562 ( 7th Cir. 2004 ) Failure to itemize debt can constitute deceptive practice.

Heintz v. Jenkins, 514 U.S. 291 ( 1995 ) The FDCPA applies to attorneys and debt collectors alike.

Graziano v. Harrison, 950 F.2d 107 ( 3rd Cir. 1991 ) Debt collectors must cease collection activities during the validation period.

Under 12 U.S.C. 5531 and 5536, the Consumer Financial Protection Bureau ( CFPB ) is authorized to enforce protection from unfair, deceptive, and abusive acts or practices ( UDAAP ). Any further reporting, transferring, or collection activities without satisfying this request shall constitute willful noncompliance.

Also, be advised that reporting inaccurate or unvalidated information to any consumer reporting agency while this matter is in dispute is a direct violation of 15 U.S.C. 1681s-2 and subject to liability under FCRA.

Per UCC 3-501, I formally tender this notice as a demand for presentment and dishonor of any defective or non-authenticated commercial instrument being claimed as a binding obligation. You are required to prove the authenticity, negotiability, and chain of title of the instrument being enforced.

Furthermore, I elect private binding arbitration under the Federal Arbitration Act ( 9 U.S.C. 116 ) to resolve any disputes that may arise regarding this matter. You are hereby noticed that any attempt to circumvent this election may result in federal arbitration enforcement.

If you are unable to fully comply with this demand, you are required to : Immediately cease and desist from all collection activities ; Refrain from any further communication with third parties regarding this alleged debt ; Remove any derogatory information reported to credit bureaus under 15 U.S.C. 1692g ( c ) and FCRA 611 ( 15 U.S.C. 1681i ).

This letter serves as notice of dispute under all relevant federal and state laws and should be retained for your records. Failure to comply may result in regulatory reporting and legal enforcement.

All rights reserved. No admission of liability. No contract is implied, accepted, or established by this communication. I reserve the right to file regulatory complaints with the CFPB, FTC, State Attorney General, and to initiate arbitration or civil action if this matter is not resolved lawfully.

Without Prejudice,

Company response to consumer: Closed with non-monetary relief