Consumer complaint received 2025-03-05 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: CA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX Subject : Formal Dispute and Demand for Validation of Debt Under 15 USC 1692g and 1692e To Whom It May Concern, This letter serves as a formal dispute of the alleged debt your agency claims I owe and a demand for validation of said debt pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g and 1692e.

I am requesting that you provide me with the following documents to substantiate your claim : 1. A copy of the **purchase agreement** or **forward flow agreement** that establishes your legal right to collect this alleged debt.

2. A complete and itemized accounting of the alleged debt, showing all payments, interest rates, penalties since the debt originated including the original creditors name, the amount owed, and any fees or interest applied ( not a snapshot ).

3. Proof that this debt was not already discharged, settled, or securitized under the Truth in Lending Act ( TILA ), 15 U.S.C. 1601.

4. The Original Contract with my wet signature on it, the entire payment history thats associated with this account, and proof of ownership showing that I actually owe this alleged debt and agreed to pay the alleged amount. UCC 3-501 ( Demand for Payment & Proof of Authority ) .

5. I demand a sworn affidavit under penalty of perjury, proving your legal standing to collect. Under UCC 3-501, a party demanding payment must provide proper proof and verification of the debts legitimacy. " Upon demand of the person to whom presentation is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and evidence of authority to enforce the instrument if requested, and ( iii ) account for any lack of indorsement. '' Under 15 U.S.C. 1692g, I have the right to request validation of the alleged debt. Until you provide the requested validation, I demand that you : 1. Cease all collection activities, including reporting this debt to credit bureaus under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) ( FCRA Violation ).

2. Refrain from contacting me by any means, including phone, email, or mail. Failure to provide the documentation requested will be considered a violation of the FDCPA, and I will not hesitate to report your agency to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), my states Attorney General and XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
If your agency attempts to make unlimited or computer generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file a lawsuit. Further, any correspondence, must be made in the form of a commercial affidavit under penalty of perjury and sent by certified mail. Any other form of service shall be deemed defective upon its face. 
Additionally, 15 U.S.C. 1692e prohibits false, deceptive, or misleading representations in connection with the collection of any debt. 15 U.S.C. 1692f prohibits unfair or unconscionable practices, and Pursuant to Section 807 of the FDCPA, if you are unable to provide the requested documentation, it will be clear that your agency has no legal standing to collect this alleged debt, and your continued attempts to do so will constitute a violation of federal law. 
As outlined in the FDCPA : You are prohibited from contacting me outside of permissible hours or at inconvenient times and places. You must not engage in harassment, threats, or misrepresentation. You are prohibited from contacting third parties about this debt without my explicit consent. 
This letter is sent without prejudice to any of my rights, and nothing herein should be construed as an acknowledgment of the alleged debt. I would like to inform you that in case your agency has reported invalidated account information to any of the XXXX main credit bureaus such as XXXX, XXXX, XXXX, then it will be regarded as a fraudulent action under both federal and state statutes. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons : 1. Violation of the Fair Credit Reporting Act ( F.C.R.A. ) 2. Violation of the F.D.C.P.A.

3. Defamation of character 4. Use of my copyrighted property 5. Securities Fraud, Identity Theft, Securitized Debt I expect your immediate compliance with this request, and that all future communication regarding this matter be in writing and sent to my address listed above. Failure to provide these documents within 30 days will confirm that you do not have legal standing to collect and that continued collection efforts constitute a violation of : 1. 15 U.S.C. 1692e ( 2 ) ( A ) ( False representation of debt ownership ) 2. 15 U.S.C. 1692f ( 1 ) ( Unfair and unauthorized collection ) 3. UCC 3-501 ( Failure to prove holder in due course status 4. TILA 15 U.S.C. 1641 ( g ) ( Failure to disclose debt transfer ) 5. FRCP 17 ( a ) ( Not the real party in interest ) Under UCC 1-308, UCC 3-501 , and 28 U.S.C. 1746, I hereby demand that any and all correspondence, verification, or validation of the alleged debt be presented in the form of a sworn commercial affidavit, under penalty of perjury. 

XXXX. All claims must be sworn and certified under penalty of perjury, as required by 18 U.S.C. 1001.

2. Any communication not sent via certified mail shall be deemed defective upon its face and legally null and void.

3. Any failure to comply with this lawful request shall be considered an intentional misrepresentation of material facts, constituting fraud.

If you fail to provide a sworn commercial affidavit and verified documentation establishing your legal standing to collect, you will be in violation of : 1. 15 U.S.C. 1692g ( b ) ( Failure to validate debt ) 2. 15 U.S.C. 1692e ( 2 ) ( A ) ( False representation of debt ownership ) 3. 18 U.S.C. 1001 ( Fraudulent misrepresentation ) 4. UCC 3-501 ( Failure to prove holder in due course status ) 5. Restatement ( Third ) of Trusts 35 ( Failure to provide accounting in trust obligations ) If you fail to provide a lawful response in the form of a sworn commercial affidavit within 30 days, you waive all claims and agree that this matter is considered closed and non-collectible.

Also, Failure to do so will result in my filing formal complaints with the appropriate regulatory agencies and pursuing any and all legal remedies available to me. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records. Any information obtained shall be used for that purpose.

" A party that, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. '' UCC 1-308 Reservation of Rights " Upon demand of the person to whom presentation is made, the person making presentment must ( i ) exhibit the instrument, ( ii ) give reasonable identification and evidence of authority to enforce the instrument if requested, and ( iii ) account for any lack of indorsement. '' UCC 3-501 Presentment of Debt Instruments " Wherever, under any law of the United States , an affidavit is required, such matter may, with like force and effect, be supported, evidenced, established, or proved by the unsworn declaration ... which is subscribed by him, as true under penalty of perjury. '' 28 U.S.C. 1746 Unsworn Declarations Under Penalty of Perjury " Whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully ( 1 ) falsifies, conceals, or covers up by any trick, scheme, or device a material fact ; ( 2 ) makes any materially false, fictitious, or fraudulent statement or representation ... shall be fined under this title, imprisoned not more than 5 years, or both. '' 18 U.S.C. 1001 Fraud & False Statements " Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following : Commercial paper, related documents, and notarized affidavits. '' Federal Rule of Evidence 902 ( 9 ) Commercial Affidavit as Self-Authenticating Evidence Sincerely, XXXX : XXXX XXXX  in Fact All Rights Reserved, Without Prejudice, UCC XXXX

Company response to consumer: Closed with non-monetary relief