Consumer complaint received 2025-05-22 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Resurgent Capital Services L.P.
State: CT

Complaint narrative:
I am submitting this complaint against LVNV Funding LLC and its collection agent concerning a disputed credit card debt originally issued by XXXX XXXX XXXX  LVNV Funding claims to have purchased the debt, but they have failed to provide legally sufficient documentation to prove they have the right to collect or initiate litigation. 

In response to my written request for validation under 15 U.S.C. 1692g ( b ), LVNV Funding provided generic bills of sale and a basic account statement. However, the bills of sale documents do not specifically reference my name, account number, or the alleged debt, nor do they include the purchase agreements or schedules tying the bill of sale to my alleged account. These materials are inadequate under both federal law and relevant case law to prove debt ownership or legal standing to collect. 

Under Federal Rule of Evidence 1002 ( the " best evidence rule '' ), a party must provide the original documentor a valid duplicateto prove the content of that document. A bills of sale that refers vaguely to a portfolio of accounts, without a detailed schedule of accounts or chain of assignments, fails this standard. 

Moreover, Federal Rule of Evidence 803 ( 6 ) ( business records exception ) requires that records offered as evidence must be created at or near the time of the event and maintained in the regular course of business. The account statement provided does not meet this test, as there is no evidence it was generated by the original creditor or that it was received by LVNV Funding in a verified or authenticated form. 

In XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXXXXXX XXXX XXXX ), the court held that a generic affidavit and summary documents were insufficient to validate a debt, emphasizing that debt buyers must produce actual evidence of the transfer and right to enforce. Similarly, XXXX XXXX I, XXXX XXXX XXXX, XXXX XXXX. XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX ), established that a debt buyer must show an unbroken chain of title to establish standingsomething LVNV has not done. 

The provided materials do not include : The purchase agreements between XXXXXXXX XXXX XXXX XXXX  XXXX XXXX, XXXX XXXX XXXX, and LVNV Funding LLC. 

Any documentation proving the right to sue to collect the debt, as opposed to mere collection rights. 

Additionally, the affidavit signed by XXXX XXXX asserts legal ownership but is unsupported by admissible evidence and constitutes hearsay. This violates the standards set by XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), which makes clear that such affidavits are not a substitute for foundational documentation. Likewise, XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) reinforces that unsupported assertions of ownership are legally insufficient. 

Without documentation clearly showing that LVNV Funding legally acquired my debt and the specific right to sue, any attempts to collect or initiate litigation are deceptive and violate the Fair Debt Collection Practices Act ( 15 U.S.C. 1692e and 1692g ).

Company response to consumer: Closed with explanation