Consumer complaint received 2025-10-30 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Resurgent Capital Services L.P.
State: GA

Complaint narrative:
I am filing a new complaint with new evidence against Resurgent Capital Services and LVNV Funding LLC regarding continued collection activity on Account Number ending in XXXX, Resurgent ID XXXX, in the alleged amount of {$770.00}. This is not a duplicate complaint of CFPB XXXX XXXX. The prior CFPB case was closed on XX/XX/XXXX, and after closure, Resurgent and LVNV resumed contacting me demanding payment and implying possible legal action. These new post-closure collection attempts constitute new evidence and new violations. 

Resurgent claims that a charge-off still makes the debt collectible. That statement is incomplete, misleading, and contradicts the furnisher of record. The alleged original creditor, XXXX XXXX XXXX XXXX reports this exact account as charged off in XX/XX/XXXX, the full balance of {$770.00} written off, reported as a {$0.00} balance, and closed as of XX/XX/XXXX. If the balance were legally owed, XXXX XXXX  would not be reporting a zero-dollar balance and a closed account. Under the Fair Credit Reporting Act, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), a furnisher may not provide information that it knows or reasonably should know is inaccurate. XXXX XXXX  furnisher data states the debt is {$0.00}. Any collector who claims otherwise is attempting to collect an amount not authorized by law, which is a direct violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692f ( 1 ). 

Furthermore, no IRS Form 1099-C has ever been issued for this alleged cancellation of indebtedness. Under 26 U.S.C. 6050P, creditors are required to file Form 1099-C with the IRS for cancellation of debts of {$600.00} or more. If a balance truly existed, a legally required 1099-C would have been filed and reported. The absence of a 1099-C supports the fact that the creditor considers the balance extinguished and non-collectible. 

All three major credit bureausXXXX XXXX and XXXX no active collection tradeline for this account. The bureaus previously removed or suppressed the tradeline after dispute. A collector who truly owns a valid balance would be reporting it. Continuing to pursue collection on an account that has been written off with a XXXX balance, removed from all credit bureaus, and not supported by a 1099-C is a deceptive representation of the legal status of a debt, in violation of 15 U.S.C. 1692e ( 2 ) ( A ).

Additionally, this account has been disputed in writing. Once a consumer disputes a debt and requests validation, the collector must cease collection until validation is provided under 15 U.S.C. 1692g ( b ). Resurgent and LVNV continued contacting me after dispute and after a cease-communication request, which is a violation of 15 U.S.C. 1692c ( c ). Sending old billing statements is not legal validation and does not prove ownership, assignment, or a lawful right to collect. Under commercial law principles incorporated into state Uniform Commercial Code ( UCC ) statutes, a party seeking enforcement must prove assignment and present legal standing. No proof of ownership or assignment has ever been produced.

Resurgent and LVNV are attempting to collect a balance that the furnisher reports as {$0.00}, that is not reported to any credit bureau, that has no IRS cancellation record, and that has been legally disputed. Their conduct is false, deceptive, and unlawful. Because this collection activity occurred after the prior CFPB case was closed, this is a new complaint supported by new evidence and can not be considered a duplicate. 

I request that the CFPB require Resurgent and LVNV Funding to immediately cease all collection activity, provide written confirmation that the account balance is XXXX, permanently close the account, and guarantee that it will not be transferred, sold, or assigned to any future collection agency.

Company response to consumer: Closed with explanation