Consumer complaint received 2025-08-28 00:00:00
Product: Debt collection — Credit card 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: NJ

Complaint narrative:
I am submitting this formal dispute regarding a collection account reported by LVNV Funding LLC, listed on my XXXX  credit report as a debt buyer for XXXX XXXX XXXX. The account reflects a balance of {$660.00} and is marked as a collection account opened on XX/XX/XXXX. 

This debt was previously disputed directly with XXXX  XXXX through the Consumer Financial Protection Bureau ( CFPB ). It required XXXX separate dispute filings before XXXX XXXX acknowledged that I did not owe the debt and agreed to delete and remove the account from all credit bureaus. I explicitly stated that this debt was not to be reinserted under any circumstances. The resolution was clear : XXXX XXXX confirmed the account was closed, charged off, and no longer owed, and requested its deletion from my credit reports. 

Despite this resolution, XXXX XXXX subsequently sold the alleged debt to LVNV Funding LLC, a third-party debt buyer, for less than the original balance. This sale occurred after XXXX XXXX had already confirmed I had no liability. The reinsertion of this account into my credit reportnow under LVNV Funding LLCis both unlawful and deceptive. It constitutes retaliation and violates multiple consumer protection statutes. 

The account in question was originally opened on XX/XX/XXXX, and first became delinquent in XX/XX/XXXX after 150 days of non-payment. It was placed in collections in XX/XX/XXXX and charged off with a balance of {$840.00}. Following my repeated disputes, XXXX XXXX confirmed in XX/XX/XXXX that the debt was invalid and requested its removal. Yet, as of XX/XX/XXXX, my XXXX  report shows a new collection account from LVNV Funding LLC for {$660.00}, opened XX/XX/XXXX. 

Despite this resolution, the account has been reinserted under LVNV Funding LLC, a third-party debt buyer. This reinsertion is unlawful and deceptive, and I am requesting immediate validation and documentation of the debt pursuant to federal and state law. 

LVNV Funding LLC has not provided any documentation verifying the debt, including the purchase price, chain of ownership, or proof of liability. The full balance is being reported despite the debt being sold for less than the ledger amount, which constitutes material misrepresentation. I was not notified of any reinsertion, which violates the Fair Credit Reporting Act ( FCRA ) re-insertion rules under 15 U.S. Code 1681i ( a ) ( 5 ) ( B ). Additionally, LVNV Funding LLCs failure to validate the debt breaches the Fair Debt Collection Practices Act ( FDCPA ) under 15 U.S. Code 1692g. 

As a consumer with professional ties to New Jersey, I invoke protections under the New Jersey Consumer Fraud Act ( N.J.S.A. 56:8-1 et seq. ) and New Jersey Debt Collection Regulations ( N.J.A.C. 13:45D ). The sale and reinsertion of this debtafter deletion and resolutionviolates these standards and reflects unconscionable and retaliatory conduct.

Legal Grounds for Documentation Request Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692g I am exercising my right to request full validation of the alleged debt. This includes : The name and contact information of the original creditor The full chain of title from XXXX  XXXX to LVNV Funding LLC A copy of the bill of sale or assignment agreement Documentation showing the amount paid by LVNV Funding LLC for the debt portfolio Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681i ( a ) ( 5 ) ( B ) The reinsertion of a previously deleted item requires certification of accuracy and written notice to the consumer within five business days. I received no such notice, and the reinsertion violates this provision. 

New Jersey Case Law : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX. XXXX XXXX. XXXX. XXXX ) This case establishes that debt buyers must prove ownership of the specific charged-off debt and the amount owed at the time of charge-off. The court held that : Therefore, LVNV Funding LLC must produce : A bill of sale or assignment agreement that specifically identifies my account Business records showing the amount paid for the debt Documentation establishing the legal right to collect and report the debt New Jersey Consumer Fraud Act ( N.J.S.A. 56:8-1 et seq. ) The sale and reinsertion of this debtafter XXXX XXXX confirmed it was not owedconstitutes false representation and deceptive commercial practice. Reporting the full balance without disclosing the discounted purchase price is a material omission. 

New Jersey Debt Collection Regulations ( N.J.A.C. 13:45D ) LVNV Funding LLC is required to provide truthful representation and proper validation of any debt reported or collected in New Jersey XXXX Failure to do so constitutes a breach of these regulations. 


Demands Immediate investigation into the accuracy and legality of this account Written documentation verifying the debt, including the bill of sale, purchase terms, and ownership transfer Permanent deletion of the account from all credit bureaus and third-party reporting agencies Certification that the debt will not be reinserted or sold again Cease and desist from all reporting and collection activity until this matter is resolved All responses must be sent in written form via mail. I do not consent to electronic communication regarding this matter. 

I reserve all rights under federal and state law and am prepared to escalate this matter through legal channels if necessary. Please treat this letter as a formal notice of dispute and demand for validation under the FDCPA and FCRA.

Company response to consumer: Closed with explanation