Consumer complaint received 2025-11-25 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: SC

Complaint narrative:
I am submitting this complaint because LVNV Funding LLC/Resurgent Capital, account number XXXX, provided false statements, failed to validate the alleged debt, and relied on a judgment entered without service and without jurisdiction. LVNV has not provided prima facie evidence that they own this debt. They refuse to show how they became the legal creditor, and they are attempting to collect and report a debt they can not prove they own.

LVNV claimed that I was served the summons and complaint on XX/XX/2024, in Minnesota. This statement is false. I did not live in Minnesota at that time. I lived in South Carolina. LVNV has produced no sworn affidavit of service, no address where service took place, no process server name, no process server license number, and no service logs for that date. They have not provided the summons and complaint showing the service address. They have not provided any proof that I lived at a Minnesota address on XX/XX/2024. They have not provided the docket sheet for case XXXX. LVNV is making claims they can not support with evidence. 

I uploaded the judgment document to the CFPB. The judgment shows default, no appearance, no service details, no method of service, and no jurisdiction. It does not show any proof that service ever occurred. A judgment entered without service is void. This violates due process under XXXX XXXX XXXX XXXX XXXX and XXXX v. XXXX. 

LVNV filed this lawsuit in the wrong state. Under FDCPA 1692i, a debt collector must sue where the consumer lives or where the contract was signed. I lived in South Carolina when this lawsuit was filed and I did not sign a contract in Minnesota. LVNV has no evidence to support Minnesota as the proper venue. Filing in the wrong state violates federal law and confirms the court lacked jurisdiction. 

LVNV is reporting an inflated balance. The judgment awarded XXXX. LVNV is reporting XXXX to XXXX. LVNV claims the difference is due to court fees, but the judgment lists no such fees. LVNV has not produced any evidence supporting the additional XXXX. Inflating a debt violates FDCPA 1692e, FDCPA 1692f ( 1 ), and FCRA 1681e ( b ). LVNV is reporting amounts not ordered by the court.

LVNV has also failed to validate this debt under federal law. Regulation F requires them to provide an itemization date, the balance on that date, any interest, fees, credits, documentation proving who owns the debt, and proof they are the current creditor. LVNV has not provided any of this. They have refused to show the purchase and sale agreement, assignments, or chain of title.

LVNV refuses to prove ownership because they do not have ownership. Industry practice shows XXXX XXXX XXXX  securitizes credit card receivables into trusts. If that happened here, then for LVNV to own this debt there must be a reverse transfer from the trust back to XXXX XXXX XXXX, followed by a separate assignment to LVNV. LVNV has produced no proof of de-securitization, no proof of sale, and no chain of title. Without these documents, they can not claim to be the legal creditor. 

LVNV has also failed to show how they calculated the balance, how they derived the inflated amount, or how the alleged debt moved from the original creditor to them. LVNV has not shown prima facie evidence of anything they claim. They are furnishing false and misleading information. They are reporting a void judgment, an inflated balance, and ownership they can not prove. They are providing information that is not supported by documents. 

If LVNV can not produce the process server license number, name, and logs for the claimed service date, the sworn affidavit of service, the full address where they claim service took place, the summons and complaint with that address, proof that I lived in Minnesota on XX/XX/2024, the docket sheet for this case, the purchase and sale agreement, all assignments, proof of de-securitization, and a balance that matches the judgment, then LVNV has no legal authority to collect or report this debt. If LVNV can not produce these documents, I will sue for violations of the FDCPA, FCRA, Regulation F, XXXX XXXX law, and any other applicable statutes for the emotional and financial harm caused by their false reporting and reliance on a void judgment.

Company response to consumer: Closed with explanation