Consumer complaint received 2025-10-03 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: VA

Complaint narrative:
XXXXNotice to file suit in United States District Court for the XXXX XXXX of Virginia\n Dear Sir, \nYou lost in XXXX XXXX XXXX XXXX. Remove this account from my credit report.\n   Case No. XXXX XXXX                  Pervious account owners listed below:                                                                                                      \n LVNV Funding LLC PlaintiffXXXX XXXX XXXX XXXXRESURGENT ACQUISTIONS LLC\n\nCurrent Creditor: LVNV FUNDING LLC\nDebt Description:  XXXX XXXXOriginal Creditor's Account #: XXXX XXXX XXXX XXXXBalance Due: $ XXXXThis account is disputed, and you are required by law to mark account disputed and remove it from credit report.\nThis account belongs to another person.\n This account does not belong to me. I also dispute your ownership of the account. I need to see an original contract with interest rates agreed. I deny a contract exists.\nI am filing suit in United States District Court for the XXXX XXXX of Virginia for violations you have perpetuated against me.\n\nYou have violated the following federal laws and other Virginia laws\n15 U.S. Code  1692d - \n\t806   Harassment or abuse (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.\n\t807. False or misleading representations (12) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\t808. Unfair practices (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\t809. Validation of debts (c) Admission of liability. The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\t812.  Furnishing certain deceptive forms  (a) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\nYOU LOST YOUR CASE  in Virginia XXXX  district court. The following laws in general district court over the account you are seeking for payment apply.\n The court needs the original contract. There is no contract. \n  This account belongs to another person.\nI am ready for court,\n The following rules and laws apply in Virginia Courts over contracts:\nRule 7B:5. Production of Written Agreement. When a suit is brought on a written contract, note or other instrument, the original document must be tendered to the court for entry of judgment thereon unless the production of the original is excused by the court for good cause or by statute.\nRule 2:1002 REQUIREMENT OF PRODUCTION OF ORIGINAL To prove the content of writing, the original writing is required, except as otherwise provided in these Rules, other Rules of the Supreme Court of Virginia, or in a Virginia statute.\nIn other words, who owes the debt and who legally can collect the debt must be stated clearly in the documentary evidence.  Random spreadsheets with numbers do not meet the burden of proving who owns the right to recover a debt.  A bill of sale must contain all the information and attachments to authenticate the debt.  At a minimum, the bill of sale must identify the debtor, and the amount of debt owed.  The debt cannot be authenticated if there is no information in the bill of sale that identifies the person or company regarding the details of the debt.   Mazie Green v. Portfolio Recovery Associates, LLC, Court of Appeals of Virginia, Record No. 0144-22-3XXXX XXXX XXXX XXXXAnd to recover a debt from a purported debtor, a party must prove that it owns the right to the specific debt at issue.  See Lewiss Exr v. Bacons Legatee, 13 Va. (3 Hen. & M.) 89, 114 (1808) (Fleming, J.).\n  \nFor a debt based on a written contract, the best-evidence rule requires that where the contents of a writing are desired to be proved, the writing itself must be produced or its absence sufficiently accounted for before other evidence of its contents can be admitted.  Brown v. Commonwealth, 54 Va. App. 107, 115 (XXXX)\n In other words, who owes the debt and who legally can collect the debt must be stated clearly in the documentary evidence.  Random spreadsheets with numbers do not meet the burden of proving who owns the right to recover a debt.  A bill of sale must contain all the information and attachments to authenticate the debt.  At a minimum, the bill of sale must identify the debtor, and the amount of debt owed.  The debt cannot be authenticated if there is no information in the bill of sale that identifies the person or company regarding the details of the debt.                                                                                                                                    Mazie Green v. Portfolio Recovery Associates, LLC, Court of Appeals of Virginia, Record No. 0144-22-3, XXXX XXXX XXXX\n Without adequate documentation, debt buyers can have trouble proving in court that they own the debts they seek to collect.  Some debt buyers get around this by having employees sign affidavits for hundreds or thousands of debts per day, attesting personal knowledge of the facts of each case despite the impossibility of verifying the information for that many accounts that quickly (a practice called robo-signing).                                                               Peter A. Holland, The One Hundred Billion Dollar Problem in Small Claims Court Robo-Signing and Lack of Proof in Debt Buyer Cases, 6 J. Bus. & Tech. L. 259, 268-69 (XXXX).\n (reversing trial court finding that the debt buyer owned the defendants debt because the affidavit of the plaintiffs custodian of records fail[ed] to refer to or attach any written agreements which could complete the chain of assignment from [the original creditor] to [the plaintiff] and there was no contract or [appendix] appended to the Bill of Sale which identified[d] [the defendant]s account number as one of the accounts [the original creditor] assigned to [the plaintiff]Kenny v. Portfolio Recovery Assocs., LLC, 464 S.W.3d 29, 34 (Tex. App. XXXX)\n\n\tIn sum, we hold that a plaintiff who asserts ownership of a debt by assignment must produce evidence, for each and every assignment, showing the chain of title for the debt passed from the original assignor to the plaintiff.  At minimum, such evidence must show that the defendants account number, along with other relevant identifying information, was included in the assignment (e.g., an attachment to a bill of sale listing account numbers and other identifying information that traces back to the bill of sale by affidavit).  If the claim is based on a written contract, the plaintiff must produce evidence that the defendant signed and dated that agreement or otherwise follow the lost document affidavit procedures at Code  8.01-32.  If documentary evidence is unavailable for a given assignment, the plaintiff must produce, by witness testimony or an affidavit, evidence from a custodian of record or other qualified individual with personal knowledge that the defendants specific account was assigned.                                                                                               Virginia Rules of Evidence 2:602; 2:803(6); 2:902(6).   \n\nI am ready for court and will see your lawyers there.\n This account is disputed.\n This account belongs to another person.XXXX XXXXYou have violated my rights, and I am filing suit in United States District Court for the XXXX XXXX of Virginia against you."

Company response to consumer: Closed with explanation