Consumer complaint received 2025-01-09 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: IN

Complaint narrative:
XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX  Resurgent Capital Services L.P . 


RE : Cease and Desist Communication and Debt Validation Regarding Account Number XXXX, Reference Number XXXX Dear XXXXXXXX XXXX This letter serves as a formal demand under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), and applicable Indiana state laws, that you immediately cease all communication with me regarding the alleged debt associated with the above-referenced account. Additionally, I request validation of the alleged debt as outlined below.

Federal and State Law Protections Under the FDCPA, 15 U.S.C. 1692c ( c ), I have the right to demand that you cease further communication regarding this debt except for specific, legally permitted circumstances ( e.g., legal notices or confirmation of termination of collection efforts ). Your continued communication beyond this permissible scope would constitute a violation of federal law.

Additionally, under Indiana state law, specifically Indiana Code 24-5-0.5-3 ( a ) and ( b ), debt collection practices are considered deceptive and abusive if they include harassment, coercion, or communication in violation of federal law. XXXX XXXX XXXX XXXX XXXX ( IC XXXX ) prohibits false or misleading representations and ensures that consumers have the right to assert disputes and protections in all debt collection efforts. 
Debt Validation Request Pursuant to the FDCPA, 15 U.S.C. 1692g ( b ), I hereby request that you provide validation of the alleged debt. Specifically, please furnish : The original signed agreement or contract forming the basis of the alleged debt.

An itemized account of all charges, payments, fees, and interest accrued. 
Proof of assignment or ownership of the debt, including a complete chain of title. 
Under the FDCPA, a debt collector must cease collection activities until the debt is validated. Failure to provide the requested validation renders any claim unenforceable, as noted in Ruth v. Triumph Partnerships, 577 F.3d 790 ( 7th Cir. 2009 ).

Lack of Standing You have failed to demonstrate ownership of the alleged debt or provide documentation establishing your standing to pursue collection. Indiana courts have held that the burden of proof for ownership of the debt lies with the debt buyer. In Prahm v. LVNV Funding LLC, 138 N.E.3d 953 ( Ind. Ct. App. 2019 ), the court emphasized the importance of clear, credible evidence of ownership and assignment. Without sufficient proof, you can not maintain this action under Indiana law.

Cease and Desist Directive I am explicitly instructing Resurgent Capital Services, and any entity affiliated with or acting on your behalf, to immediately cease all forms of communication with me regarding this account, except as allowed under federal and state law. 

Federal FDCPA : Prohibits further direct communication after receipt of this letter unless for legally permissible purposes. 
Indiana XXXX ( XXXX XXXX ) : Provides additional protections against abusive or deceptive practices in debt collection, including communications that violate federal standards. 
Failure to comply with this cease-and-desist request may result in formal complaints to the Indiana Attorney General, the Consumer Financial Protection Bureau ( CFPB ) , or other regulatory agencies, as well as potential legal action.

Disputed Debt and Rights Reserved For the record, I dispute the validity of the alleged debt. This letter is not a refusal to pay but rather a demand for you to cease all forms of direct communication and to provide the requested validation.

Any further contact outside of those expressly allowed by law will be documented and may be reported to the appropriate authorities. If you believe additional documentation is required for me to fully exercise my rights, you may provide it in writing to the address above. Otherwise, consider this my final communication regarding the matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation