Consumer complaint received 2024-07-02 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: GA

Complaint narrative:
LVNV claimed to be owed this debt and they took possession of an allege assignment. Assignment of the allege debt means you should have followed the law as outline and filed a UCC 1 financing statement or you are in violation of federal law. I also want you to take notice of the allege judgement you received to give you a chance to file a motion to dismiss the case or I will file a separate motion to have the case dismissed based upon the wrong venue and jurisdiction. Since XXXX XXXX XXXX used my application as a security in which its processed as a receivable you would were required to file this case in federal court as outlined in the federal registry pertaining to securities. 

3-104. NEGOTIABLE INSTRUMENT. 
Primary tabs ( a ) Except as provided in subsections ( c ) and ( d ), " negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. 

( b ) " Instrument '' means a negotiable instrument.

( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of " check '' in subsection ( f ) is a negotiable instrument and a check. 

( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.

( e ) An instrument is a " note '' if it is a promise and is a " draft '' if it is an order. If an instrument falls within the definition of both " note '' and " draft, '' a person entitled to enforce the instrument may treat it as either.

( f ) " Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrum
ent may be a check even though it is described on its face by another term, such as " money order. '' ( g ) " Cashier 's check '' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

( h ) " Teller 's check '' means a draft drawn by a bank ( i ) on another bank, or ( ii ) payable at or through a bank. 

( i ) " Traveler 's check '' means an instrument that ( i ) is payable on demand, ( ii ) is drawn on or payable at or through a bank, ( iii ) is designated by the term " traveler 's check '' or by a substantially similar term, and ( iv ) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument. 

( j ) " Certificate of deposit '' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

Company response to consumer: Closed with explanation