Consumer complaint received 2024-12-26 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: Resurgent Capital Services L.P.
State: TN

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX, TN, XXXX XXXX ( XXXX ) XXXX XX/XX/XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, IL XXXX Re : Debt Validation and Cease and Desist Request To Whom It May Concern : I am writing to formally dispute the existence and validity of the alleged debt referenced by your company and to request full validation of the debt as required by law. Additionally, I am issuing a cease and desist request, which I expect to be fully honored under the applicable consumer protection statutes and regulations.

Debt Validation Request Under the Fair Debt Collection Practices Act ( FDCPA ), I have the right to request validation of any debt you claim I owe. Please note that statements alone are insufficient to prove the existence or validity of a debt. As established in Pacific Concrete Federal Credit Union v. Kauno, 62 Haw. 334 ( 1980 ), a simple statement does not constitute adequate evidence of a debt. I therefore request the following documents to fully validate the alleged debt : 1. The original signed contract or agreement related to the alleged debt.

2. A complete and accurate transaction history of the alleged debt, showing the origin, amount, and any payments made.

3. Proof that you are authorized to collect on this debt.

Please provide the requested documentation within 30 days from the receipt of this letter. If you fail to provide such validation, under the FDCPA, you are prohibited from further collection activities or reporting the debt to any consumer reporting agency.

Cease and Desist Request Pursuant to 15 U.S. Code 1692c of the FDCPA, I hereby request that you cease all communication with me, except for the validation of the alleged debt. Communication includes, but is not limited to, phone calls, letters, emails, and any other form of contact. I want to emphasize that consumer reports are considered a form of communication. Therefore, a " cease and desist '' request also includes a demand for the removal of any entries related to this alleged debt from my credit reports.

Furthermore, under 15 U.S. Code 1681b ( 2 ) and FCRA Part ( A ) ( 5 ) ( B ) ( ii ), no person or entity may obtain or report information about a consumers credit without a valid, permissible purpose. Without proper validation, your company has no legal standing to report this debt to any consumer reporting agency. If the debt is not validated within the required timeframe, any continued reporting on my consumer report will be deemed a violation of my rights under the Fair Credit Reporting Act ( FCRA ).

IRS Section 6050P and Treasury Regulation 1.6050P-1 In addition, I refer you to IRS Section 6050P and Treasury Regulation Section 1.6050P-1, which govern the cancellation of debt and the reporting of canceled debt to the IRS. Should this debt be determined to be invalid or non-existent, and if it is reported as canceled, you are required to report it to the IRS and issue a Form 1099-C, which I am entitled to receive.

If this alleged debt is not validated, any further reporting to the IRS and other agencies will be seen as a violation of applicable laws, and I will not hesitate to take appropriate legal action.

Presumption of No Debt Additionally, under Engelhardt v. Gravens, 281 S.W. 715, 719 ( Mo. ), I am entitled to presume that no proof of the alleged debt exists. Without proper documentation or evidence, I may reasonably assume that no such debt exists. Therefore, any continued reporting or attempts to collect on this alleged debt could be considered harassment and a violation of my consumer rights. 
Potential Legal Action and Costs Should your company fail to provide the requested validation or continue to engage in harassing actions, I will pursue legal action for damages. Below is an itemized estimate of the potential costs should I choose to litigate for your violations of my rights : Cost Estimated Amount Legal Consultation Fee {$200.00} - {$500.00} Court Filing Fees {$150.00} - {$400.00} Attorney 's Hourly Rate {$250.00} - {$500.00} per hour FDCPA Statutory Damages Up to {$1000.00} Emotional Distress Damages Variable, based on evidence Potential Punitive Damages Dependent on courts judgment This list is non-exhaustive and does not include any additional claims or remedies available under applicable state and federal laws. Please be aware that I am fully prepared to take legal action should these violations continue. 
Conclusion I trust you will take immediate action to resolve this matter by providing the requested validation and by ceasing all communication with me, except for the necessary debt validation. Please also ensure that any negative entries on my consumer report are removed immediately. Failure to comply with these requests will result in further legal steps, including but not limited to, pursuing statutory and actual damages, as well as attorney 's fees. 
Please confirm receipt of this letter and provide the requested documentation at your earliest convenience.

Company response to consumer: Closed with non-monetary relief