Consumer complaint received 2025-05-12 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Resurgent Capital Services L.P.
State: IL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX. XXXX XXXX XXXX XXXX XXXX XXXXXXXX Subject : Complaint Against Resurgent Capital Services LP for FDCPA and FCRA Violations Unlawful Vehicle Repossession To Whom It May Concern : I am submitting this formal complaint against Resurgent Capital Services LP and its affiliate Resurgent Secured Assets LLC for willful and repeated violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ), as well as for engaging in unlawful repossession, extortionate collection tactics, misrepresentation of lienholder status, and ignoring a formal cease and desist order. 
Summary of Violations and Supporting Facts : On XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) was unlawfully repossessed by XXXX XXXX XXXX, acting on behalf of Resurgent Capital Services LP, which falsely claimed to be the lienholder. 
Official Illinois Secretary of State records, dated XX/XX/XXXX, confirm that XXXX XXXX XXXX XXXX was and remains the only valid lienholder. No transfer of lien or legal assignment to Resurgent was ever filed or disclosed. 
I issued two cease-and-desist letters to Resurgent under 15 U.S.C. 1692c ( c ), lawfully demanding debt validation and proof of authority. Instead of responding appropriately, Resurgent violated the order by sending vague, unreadable, and unresponsive documents that failed to meet any federal standard of debt validation. 
This behavior is in direct violation of 15 U.S.C. 1692g ( b ) and 1692e, constituting continued collection efforts based on fraudulent misrepresentations.

Resurgent is also in violation of 18 U.S.C. 894 ( extortionate collection ) and 18 U.S.C. 1028 ( identity theft ), having falsely claimed lienholder status to gain control of my property. 
A formal complaint was documented with the XXXX XXXX Police Department in Report XXXX XXXX XXXXn which Officer XXXX ( XXXXXXXX XXXX XXXX XXXX XXXXonfirmed that XXXX XXXXnot Resurgentwas the legitimate lienholder. The officer advised me to take immediate legal and regulatory action. 
A second police report is currently being processed to document Resurgents ongoing violations and retaliatory actions after being placed on legal notice. 
Resurgent has further harmed me by misreporting this alleged debt to consumer reporting agencies as a XXXX XXXXXXXX charge-off, violating the FCRAs prohibition against furnishing knowingly inaccurate information ( 15 U.S.C. 1681s-2 ( a ) ). 

Relief Requested : I respectfully request that the CFPB : Open a formal investigation into Resurgent Capitals unlawful repossession and debt reporting activities. 
Impose civil penalties and compel Resurgent to : Remove all false credit entries from my consumer file ; Cease all collections and communications ; Provide complete documentation of lienholder assignment or legal authorityor formally admit none exists ; Return my vehicle to my lawful possession. 

Refer this matter to the Department of Justice or appropriate law enforcement agency for potential criminal prosecution under 18 U.S.C. 894 and 1028. 
Attached are : My sworn Affidavit of Truth, Police Report XXXX XXXX The Illinois Secretary of State title inquiry, Defective documents sent by Resurgent after my cease-and-desist, All related correspondence. 
Please treat this matter as urgent, given the unlawful seizure of my property, continued violations, and damage to my credit standing. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation