Consumer complaint received 2025-07-25 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: Resurgent Capital Services L.P.
State: FL

Complaint narrative:
Notice of Dispute and Demand for Validation of Debt Pursuant to 15 U.S.C. 1692g ( b ) and Applicable Law To Whom It May Concern : This correspondence serves as a formal demand for validation of an alleged debt as required under the Fair Debt Collection Practices Act, codified at 15 U.S.C. 1692 et seq., specifically 1692g ( b ), 1692e, and 1692f, and pursuant to rights and remedies provided under the Uniform Commercial Code ( UCC ), including but not limited to 1-308, 3-501, and 9-210.

Be advised that this is a notice of dispute regarding the validity and enforceability of the alleged debt you claim I owe. This letter is written in accordance with and demands compliance under : 15 U.S.C. 1692g ( b ) the right to dispute and seek validation ; 15 U.S.C. 1692e protection against false, deceptive, or misleading representations ; 15 U.S.C. 1692f protection from unfair and unconscionable collection means ; UCC 3-501 presentment and demand for proof of claim or instrument ; UCC 1-308 reservation of rights without prejudice ; UCC 9-210 demand for an accounting and full disclosure of obligation terms ; Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq. full material disclosures ; Federal Trade Commission Act, 15 U.S.C. 45 prohibiting unfair or deceptive trade practices. Demand for Validation of Debt Pursuant to federal law, I hereby demand that you provide the following to validate the alleged debt, failing which you must cease collection and correct any adverse reporting : 1. The name and address of the original creditor, the full account number ( not redacted ), and a full itemized statement of the alleged account showing all debits and credits, including all charges, interest, fees, payments, and adjustments from inception.

2. A certified copy of the original contract or promissory note bearing my signature, demonstrating that I agreed to assume liability for this specific alleged debt.

3. Chain of title, including all assignments, transfers, or sales of the accountfully notarized and recordedto prove your legal standing and authority to collect.

4. Proof of your license to collect debt in my state, including your bonding information, and the name and address of your registered agent.

5. An affidavit or sworn statement under penalty of perjury from an authorized agent of the original creditor affirming the debts validity.

6. If you claim to be a third-party debt buyer, provide a copy of the bill of sale or assignment agreement proving legal transfer of rights under applicable contract law.

7. Proof of full compliance with the FDCPA, including initial notice within five days of first contact, and full disclosure of rights under 1692g ( a ).

8. Copies of all material disclosures required by TILA at the time of the alleged origination.

9. An explanation of how any alleged default or charge-off complies with 15 U.S.C. 1666 and whether such charge-off follows proper accounting practices under GAAP or FASB 140 .

Applicable Case Law Supporting this Demand Clark v. Capital Credit & Collection Services , Inc., 460 F.3d 1162 ( 9th Cir. 2006 ) : Debt collectors are strictly liable for violations of the FDCPA ; compliance with its requirements is mandatory.

Fields v. Wilber Law Firm, 383 F.3d 562 ( 7th Cir. 2004 ) : Demands clarity and transparency in validation and collection notices.

Spears v. Brennan, 745 N.E.2d 862 ( Ind. Ct. App. 2001 ) : Simply providing an account statement does not constitute sufficient validation.

Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir. 1999 ) : Debt validation requires verification, which includes detailed accounting and creditor identity.

Rosenau v. Unifund Corp., 539 F.3d 218 ( 3d Cir. 2008 ) : Communications from a debt collector must not be misleading or confusing to the least sophisticated consumer.

Heintz v. Jenkins, 514 U.S. 291 ( 1995 ) : Attorneys engaged in debt collection are also subject to the FDCPA.

Gonzalez v. Arrow Financial Services, LLC, 660 F.3d 1055 ( 9th Cir. 2011 ) : Failure to properly validate debt bars further collection efforts.

Reservation of Rights and Notice of Arbitration In accordance with UCC 1-308, I hereby reserve all rights, remedies, and defenses under commercial and constitutional law, without prejudice and without admission of liability.

Please be advised that continued collection activity or failure to validate the alleged debt constitutes a violation of federal law and may result in complaints filed with the Consumer Financial Protection Bureau ( CFPB ) under its authority in 12 U.S.C. 5565, the Federal Trade Commission ( FTC ), and may be subject to mandatory arbitration, in accordance with your own consumer contract terms and Federal Arbitration Act, 9 U.S.C. 1 et seq.

Any further communication attempting to collect this debt without providing the demanded validation shall be construed as a willful violation of 15 U.S.C. 1692g ( b ) and deceptive conduct under 15 U.S.C. 1692e, and may trigger statutory damages, injunctive relief, and attorneys fees.

This is a good-faith attempt to resolve this matter ; failure to comply within 30 days will be interpreted as your inability or refusal to validate the debt and a waiver of collection rights.

-- - Without Prejudice, UCC 1-308 All rights reserved

Company response to consumer: Closed with non-monetary relief