Consumer complaint received 2025-01-24 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Resurgent Capital Services L.P.
State: MI

Complaint narrative:
the case of XXXX XXXX vs. LVNV Funding LLC, c/o Resurgent Capital Services , where XXXX has requested documentation related to the alleged debt originally owed to XXXX XXXXXXXX, the following legal principles and consumer rights are relevant to his situation, especially given that the original creditor has reported the debt as written off as a Profit and Loss as bad debt. 

XXXX XXXX XXXX XXXX. Legal Framework Governing Debt Collection - Fair Debt Collection Practices Act ( FDCPA ) : This federal law regulates the practices of debt collectors and provides consumers with rights when dealing with debt collection. Key provisions include : - Validation of Debt : Under Section 809 of the FDCPA, XXXX has the right to request validation of the debt. This includes the right to see the original contract and any assignment documents that prove LVNV has the legal right to collect the debt. 
- Prohibition Against Unfair Practices : Debt collectors can not use deceptive or abusive practices to collect debts. This includes misrepresenting the amount owed or failing to provide requested documentation. 

# # # XXXX. Consumer Rights - RighXXXX to Request Documentation : XXXX has the right to request the original credit agreement and any documentation that establishes LVNV 's right to collect the debt. If LVNV can not provide this documentation, they may not have the legal standing to pursue collection. 
- Dispute the Debt : If XXXX believes the debt is invalid, he can formally dispute it. Under the FDCPA, once he disputes the debt in writing, LVNV must cease collection activities until they provide validation. 

# # # XXXX. Impact of Debt Write-Off - Profit and Loss Write-Off : If XXXX  XXXX has written off the debt as a Profit and Loss, this typically means they have recognized it as uncollectible for accounting purposes. This does not automatically transfer the liability to XXXX ; rather, it may indicate that the debt no longer exists as a collectible obligation. 
- Tax Implications : A debt that is written off may be reported to the IRS as income via Form 1099-C. However, the consumer is not responsible for the debt if it has been discharged. 

# # # XXXX. Relevant Case Law Several cases help illustrate consumer rights in situations similar to XXXX 's : - XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) : The U.S. Supreme Court held that a debt collector must own the debt or have a right to collect on it. If XXXX can not provide proof of ownership or the right to collect, they may not legally pursue XXXX. 

- XXXX v. LVNV Funding LLC ( XXXX ) : The court ruled that debt collectors must provide proof of the underlying debt and the right to collect it. In this case, the court found in favor of the consumer when the debt collector failed to provide sufficient documentation. 

- XXXX v. XXXX XXXX XXXX ( XXXX ) : The court ruled that failing to provide requested documentation constitutes a violation of the FDCPA. This establishes that consumers are entitled to the original contract and any assignment documents to verify the legitimacy of the debt.

Company response to consumer: Closed with explanation