Consumer complaint received 2024-11-12 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you in a state where you do not live or did not sign for the debt
Company: Resurgent Capital Services L.P.
State: MS

Complaint narrative:
I am filing this complaint to report unfair and deceptive practices by LVNV Funding LLC in attempting to collect a debt that is both time-barred and unverified. The debt collector has repeatedly failed to provide legally sufficient validation of this debt, despite my multiple requests and dispute submissions. Additionally, they are attempting to collect this debt while I have an approved court appeal regarding the legitimacy of the alleged debt. 
Background : 1. Location of Original Debt : The alleged debt in question was originally incurred in Texas, not in Mississippi.However, even under Mississippi law, which has a 3-year statute of limitations for similar debts, this debt is no longer legally collectible as of XX/XX/year>. 
2. Initial Dispute : I was contacted by LVNV Funding LLC regarding this debt, which they claim I owe. I never entered into any contract with LVNV Funding LLC, and I requested proof from the original creditor showing that LVNV Funding LLC had a legal right to collect this debt.

3. Debt Validation Request : I formally requested that LVNV Funding LLC provide full validation of the debt, including an assignment contract from the original creditor and a complete chain of title. Under 15 U.S. Code 1692g of the Fair Debt Collection Practices Act ( FDCPA ), debt collectors are required to validate a debt upon request. 
In response, LVNV Funding LLC only sent generic documents that did not adequately verify their legal right to collect this debt. These documents did not show a complete chain of title, nor did they include proof that LVNV Funding had purchased this specific debt.

4. Repeat Documentation with No Additional Proof : When I disputed the debt again, LVNV Funding LLC simply resubmitted the same documents as before, failing to provide any new information or documentation that would substantiate their right to collect this debt. 
The documents included several assignments between different entities but failed to specifically connect LVNV Funding LLC to my account in a clear, complete, and legally binding manner. The documentation provided lacks specificity, does not include my name or account number, and does not constitute proper validation of the debt.

5

. Pending Court Appeal : I have recently been approved to appeal a previous judgment related to this alleged debt, with a court date scheduled to review the legitimacy of this debt and LVNV Fundings right to collect it. Given that the debt is disputed in court, any collection efforts should be paused until the court has reached a final decision.

Despite informing LVNV Funding LLC of this court appeal, they have continued their attempts to collect the debt and have failed to properly validate it.

Complaint Summary : LVNV Funding LLC has engaged in the following unfair and potentially illegal practices : Failure to Provide Adequate Validation : Under 15 U.S. Code 1692g, debt collectors are required to provide documentation of their authority to collect a debt upon request. LVNV Funding LLC has not provided proper validation, and their documentation is insufficient to prove their legal standing. 
Attempts to Collect on a Time-Barred Debt : The debt in question should be considered time-barred. Given that the debt was originally incurred in Texas, the legal action that was taken is not permitted. However, even under Mississippis 3-year statute, this debt is time-barred as of XX/XX/year>. 
Misrepresentation of Debt Ownership : The documents provided include multiple transfers between entities but do not show a clear chain of title linking the original creditor to LVNV Funding LLC. This raises questions about the validity and ownership of the debt.

Continuing Collection Attempts During a Court Appeal : I have informed LVNV Funding LLC of my approved court appeal regarding this debt. Given that the debts legitimacy is currently under judicial review, LVNV Fundings continued collection efforts are misleading and unjust.

Company response to consumer: Closed with explanation