Consumer complaint received 2025-10-08 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Credit card company forcing arbitration
Company: Resurgent Capital Services L.P.
State: VA

Complaint narrative:
XXXX XXXX ; CFPB Case # : XXXX Account Number : XXXX Original Creditor : XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX. 
Current Owner : LVNV Funding LLC Affidavit of Truth, Demand for Accounting, and Demand for Restitution ( Demand for Immediate Return of Funds/ Notice of Unjust Enrichment / Constructive Trust ) AFFIDAVIT OF TRUTH, DEMAND FOR ACCOUNTING, AND DEMAND FOR RESTITUTION I, XXXX XXXX XXXX living man, born XX/XX/XXXX, of c/o XXXX XXXX XXXX XXXX XXXX XXXX Virginia XXXX declare under penalty of perjury and under the common law of the land the following as true and correct : I am a natural person and the sole owner and lawful creditor of my name, identity, credit, and estate. I have not knowingly, willingly, or lawfully entered into any valid contract with respect to the account identified as Account # XXXX that would authorize any party to create, assign, or collect a debt in my name except by my wet-ink signature and explicit, informed consent. 

I received correspondence dated XX/XX/XXXX, from Resurgent Capital Services referencing an alleged balance said to originate from XXXX XXXX XXXX, charged off and sold to LVNV Funding LLC. I do not recognize nor admit liability for this alleged account. 

I hereby assert that any purported profits, credits, deposits, or advantages derived by any party from the use, sale, assignment, or collection of any alleged account connected to my name or identity were obtained without my consent and constitute unjust enrichment and conversion of my rights and assets. 

I demand, under common law remedies of accounting, restitution, and constructive trust, that the following be immediately produced and/or performed : a. A certified, notarized copy of the original contract bearing my wet-ink signature that allegedly created the account ; b. A complete itemized ledger showing every charge, payment, adjustment, and fee from the inception of the alleged account to present, certified and signed under oath by a person with direct knowledge ; c. The full chain of assignment ( bill of sale or assignment agreements ) showing the legal transfer of ownership from Capital One to any subsequent owner, including LVNV Funding LLC and any assignees, with dates and signatories ; d. A sworn statement under penalty of perjury by a human agent with personal knowledge attesting to the legitimacy and origin of every item on the ledger ; and e. Immediate calculation of all profits, payments, or other financial benefit received by your company ( and any assignees ) resulting from activity related to this alleged account, with a demand for return of such funds. 

DEMAND FOR RESTITUTION : I demand immediate restitution and accounting for any and all funds, credits, or monetary advantages you or your agents have obtained from any activity, sale, assignment, collection, or reporting associated with the alleged account in my name. I demand the return of those funds to me forthwith, together with lawful interest at the legal rate, and notification that all third-party reports ( credit reporting agencies, data furnishers ) have been retracted and deleted. 

CONSTRUCTIVE TRUST : I hereby declare that any funds or assets in your control that are traceable to the use, sale, or collection of the alleged account are impressed with a constructive trust in favor of me, the true creditor and owner of the rights of my name and identity. You hold those funds in trust for my immediate benefit and must account for them. 

NOTICE OF CLAIM / TIMEFRAME : You have ten ( 3 ) calendar days from receipt of this Affidavit to provide the documentation and full accounting demanded above, and to tender restitution. Failure to comply will be treated as a refusal to provide proof and as willful continuation of unjust enrichment and conversion. If compliance is not completed within ten ( 3 ) days I will take all lawful action available to me, including but not limited to : a. Filing civil actions for conversion, unjust enrichment, breach of fiduciary duty, declaratory relief, and injunctive relief in a court of competent jurisdiction ; b. Recording this matter with the Consumer Financial Protection Bureau, the Federal Trade Commission, my state Attorney General, and the appropriate law enforcement agencies ; c. Seeking imposition of a constructive trust, actual damages, statutory damages, costs, and attorneys fees ; and d. Taking any additional remedial measures available under common law and equity. 

CREDIT REPORTING : You are hereby notified to immediately cease and desist any and all reporting of this alleged debt to any credit reporting agency until the validation and accounting demanded above is provided and verified. Any continued reporting after failing to provide proof will be a willful violation of my rights and may subject you to claims under FCRA and applicable state consumer-protection statutes. 

PRESERVATION OF EVIDENCE : Preserve all records, communications, electronic data, and documents relating to the alleged account, the sale/assignment of the account, and any funds or credits derived from it. Failure to preserve evidence will be considered spoliation and may be used against you. 

NO WAIVER : Nothing in this Affidavit shall be construed as an admission of liability or waiver of any of my rights. I expressly reserve all rights, remedies, and causes of action under common law and statutory law. 

Executed this XXXX day of XXXX, XXXX. 

Without Prejudice, All Rights Reserved. 
XXXX XXXX XXXX

Company response to consumer: Closed with explanation