Consumer complaint received 2025-05-07 00:00:00
Product: Debt collection — I do not know
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Absolute Resolutions Corp.
State: PA

Complaint narrative:
This is a follow up to complaint Company 's Response XXXX. 


This counter complaint identifies several deficiencies in Absolute Resolutions Investments, LLCs ( XXXX ) response to my XX/XX/year> CFPB complaint, including failure to provide a proper FDCPA validation notice and mischaracterization of judgment proof status. Under 15U.S.C.XXXXg, a debt collector must furnish a written validation notice containing, at minimum, the amount of the debt, the name of the creditor, and a statement of the right to dispute the debt within XXXX days. 

The term judgment proof describes consumers whose income and assets are legally exempt from collection ( XXXX XXXX ), but it does not excuse a collectors duty to validate a debt or cease collection until proper documentation is provided. 

Accordingly, this counter complaint demands that XXXX immediately cease collection efforts, fully comply with FDCPA validation requirements, and correct any adverse credit reporting. 

Background On XX/XX/year>, I filed a CFPB complaint asserting that I am judgment proof as a matter of law. XXXX responded by summarizing the account history, asserting it purchased the debt, and insisting that there is no such thing as judgment proof as a matter of law while offering to provide validation. XXXX closed the CFPB complaint without furnishing any of the documentation required under federal law. 

Legal Basis FDCPA Validation Notice Requirements Under 15U.S.C.XXXXg ( a ), a debt collector must provide a written notice that includes : The amount of the debt ; The name of the creditor to whom the debt is owed ; A statement that the consumer has XXXX days to dispute the debt ; A statement that, if disputed in writing within that period, the collector will obtain verification of the debt and mail it to the consumer. 

Regulation XXXX clarifies that this notice must be sent within XXXX days of the initial communication, unless the information was already provided or the consumer has paid the debt. 

Remedies for Noncompliance Failure to comply with XXXX entitles the consumer to statutory and actual damages under 15U.S.CXXXXk. A successful plaintiff may recover actual damages, statutory damages up to {$1000.00}, and reasonable attorneys fees and costs. 

Judgment Proof Status Judgment proof refers to debtors whose income ( XXXX XXXX ) and assets are exempt from garnishment under federal and state law, rendering collection efforts unenforceable against those sources. 

However, no provision of the FDCPA exempts collectors from their validation and disclosure obligations based on a consumers judgment proof status. 

Issues in XXXX Response Misstatement of judgment proof : XXXX  claim that there is no such thing as judgment proof as a matter of law ignores federal protections for exempt income sources and misleads consumers about their rights. 
Failure to validate : XXXX did not provide an itemized account statement, chain of title documentation, or proof of XXXX assignment, all of which are required under 15U.S.C.XXXXg. 
Vague promise of validation : ARIs unspecific offer to validate the debt fails to meet the CFPBs model validation notice standards, which require clear disclosure and complete documentation within the statutory timeframe. 

I write to formally dispute and counter your response to my CFPB complaint dated XXXX. Under 15U.S.C.XXXXg, you are required to provide a written validation notice containing the amount of the debt ; the name and address of the original creditor ; a statement that I have XXXX days to dispute the debt ; and a statement that, upon timely dispute, you will obtain verification and mail it to me. 

To date, you have failed to supply any of the above-required validation information, including an itemized account history and evidence of XXXXXXXX XXXX assignment of this debt to XXXX. 

Your assertion that there is no such thing as judgment proof as a matter of law incorrectly dismisses the fact that my income derives exclusively from Social Security Disability Insurance, which is exempt from garnishment under federal law. 

Furthermore, your vague promise of validation fails to meet the specificity required by the CFPBs model validation notice, which mandates full documentation within XXXX days of my dispute. 

Accordingly, I demand that you : XXXX. Cease all collection activities and any adverse credit reporting until you have fully complied with 15U.S.C.XXXXg. 
XXXX. Provide a complete validation package, including : - An itemized statement of all payments, charges, and fees ; - Documentation of XXXX XXXX sale and assignment of the debt ; - The original contract or agreement bearing my signature. 
XXXX. Confirm in writing to me that you have removed any adverse credit entries related to this account until proper validation is provided. 

If you fail to comply with these demands within XXXX ( XXXX ) days of the date of this letter, I will pursue all available remedies under the FDCPA, including filing suit for statutory and actual damages under 15U.S.C.XXXXk and reporting your violations to the CFPB, FTC, and my state attorney general.

Company response to consumer: Closed with explanation