Consumer complaint received 2025-01-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: Resurgent Capital Services L.P.
State: TX

Complaint narrative:
This complaint is based on new information confirming that LVNV and Resurgent owned and serviced the fraudulent account from XX/XX/XXXX to XX/XX/XXXX, Account # XXXX XXXX XXXX XXXX. 

In XX/XX/XXXX, Resurgent informed me they were returning the account to XXXX XXXXXXXX due to its fraudulent status. During this period, LVNV owned the account, while Resurgent acted as its collection arm. Together, they are responsible for the violations and harm caused, including allowing a judgment to stand on a fraudulent account and failing to return funds wrongfully collected through deceptive tactics.

This complaint addresses new issues specific to the period when LVNV owned the account and Resurgent serviced it, as well as newly discovered information about prior complaints, all of which underscore their accountability.

Specifically, I now know that : 1. Resurgent and LVNV began collections in XXXX without ever verifying the debt. 
2. Resurgent and LVNV collected money from me without my knowledge or authorization through a third party, using deceptive collection tactics. This account is fraudulent, and I have not given any third-party authorization to act on my behalf, nor can I provide such authorization for a fraudulent account.

3. Resurgent and LVNV provided conflicting balances, reporting lower amounts to the court while simultaneously reporting higher balances to the credit bureaus.

4. Resurgent and LVNV pursued and obtained a default judgment on a known fraudulent account.

5. Resurgent and LVNV sought aggressive collection tactics by petitioning the court for an Application for Receivership to locate and seize my assets on a known fraudulent account.

6. Resurgent and LVNV filed the judgment as settled without correcting the court record or identifying the account as fraudulent.

7. Resurgent and LVNV misrepresented the status of this account and case, advising me to sign a Settlement Agreement to file the judgment as settled, even though the filing had already been completed two weeks earlier.

8. Resurgent and LVNV failed to notify the credit bureaus that this account is fraudulent.

9. Resurgent and LVNV refused to investigate my claims that this account was fraudulent.

10. Resurgent and LVNV refused to provide legally required debt validation documentation.

As such, I make the following request : 1. Refund all unauthorized funds collected, including fees and interest.

2. Provide all debt validation documentation from their period of ownership, including pre- and post-acquisition payment records.

3. File the necessary court documents to set aside the judgment and correct the court record to reflect the account 's fraudulent status.

4. Notify credit bureaus that the account is fraudulent and provide me with a proper letter acknowledging the account as fraudulent. 
XXXX. Admit their failure to investigate fraud claims and acknowledge their misrepresentation in court and settlement discussions. 

I found out about this fraudulent account in XX/XX/XXXX. I informed Resurgent who promised to send an identity theft kit. Instead, four days later LVNV sued me. They refused to and in fact, never investigated the fraud claims. 

From XXXX onward, LVNV and Resurgent engaged in deceptive collection tactics, pursuing a fraudulent account through a third party without ever contacting me directly. They failed to verify the debt, provide documentation, or even meet the basic requirement to conduct initial debt verification within five days of collection efforts. During this time, they collected funds from me without my authorization or knowledge, funds that remain undisclosed, unaccounted for, and unreturned.

Their awareness of these wrongfully collected funds is undeniable. When pursuing the post-answer default judgment, they subtracted these payments from the total balance but never acknowledged the funds in court or to me. Simultaneously, they reported the higher ( original ) balance to credit bureaus, which remained on my credit report as recently as XX/XX/XXXX. They reported a higher balance to the credit bureaus while presenting a reduced amount to the court, proving they knew exactly what they were doing. 

Despite more than a year of repeated, documented requests for debt validation and investigation of my fraud claims, LVNV and Resurgent refused to comply. Only after my case was filed with the CFPB, in XX/XX/XXXX, did Resurgent finally send " debt validation documentation, '' which turned out to be the illegally obtained default judgment. To be clear, they never verified the debt, never provided a single document showing the original account information, ignored my documented claims of fraud, and Resurgent and LVNV pursued a post-answer default judgment. They then used that same illegally obtained judgment as their so-called debt validation.

Similarly, LVNV provided an identity theft affidavit in XX/XX/XXXX, roughly 15 months after promising to send it, 11 months after claiming in court they would investigate, 6 months after obtaining the judgment, and 4 months after seeking a Receivership to seize my assets. These delays expose their willful disregard for regulatory requirements, even as they clearly understood their obligations. Under pressure, they quickly tried to create an administrative record and distance themselves by quietly filing the judgment as " settled. '' Today, LVNV marks the judgment as " settled '' without clearing my record or acknowledging the account as fraudulent. Resurgent sends a letter " returning the account '' to XXXX XXXX, absolving themselves of responsibility, while XXXX XXXX issues a vague letter stating the account isnt mine but avoids labeling it fraudulent, despite acknowledging it as such through other means. 

This blame-shifting game is emblematic of the debt-buyer model 's failures, allowing these entities to evade responsibility for the harm they caused during their ownership and servicing. It leaves me without a clear resolution, further damaging my credit and prolonging the harm. 

XXXX for Violations : XX/XX/XXXX- XX/XX/XXXX : LVNV owned the account, and Resurgent serviced it as the collection agent. 

XXXX XXXX : LVNV and Resurgent collected funds through a third party without authorization or disclosure. 

XX/XX/XXXX : I discovered the fraudulent account and informed Resurgent, who acknowledged it appeared fraudulent and promised to send me an identity theft affidavit. Instead, four days later, LVNV sued me. 

XX/XX/XXXX : I filed an answer to the lawsuit with a statement and evidence of fraud that I filed with the court and served to LVNVs legal team. Even if LVNV and Resurgent were refusing to send me an identity theft affidavit, the sworn statement filed with the court and served to LVNV sufficiently satisfies the requirements of any affidavit. At this point, I officially informed them of the fraudulent nature of the account. 

XX/XX/XXXX XX/XX/XXXX : I called Resurgent, LVNV and XXXX XXXX XXXX this period requesting debt validation documentation and following up on my fraud claims. Resurgent diverted me back to LVNV, LVNV refused to communicate except through judicial proceedings and XXXX XXXX denied having any information about the account given its sold status. 

Prior to the XXXX hearing, LVNV failed to serve me any business documents. The tracking number they provided to the court was reused for multiple mailings on different days, and records show the delivery failed. 

XX/XX/XXXX : In court, I testified under oath that the account was fraudulent. LVNV admitted they had not sent an identity theft affidavit, attributing the failure to procedural mix-ups typical of the debt buyer market. They assured the court they would investigate, and a continuance was granted.

I reiterated under oath that the account was not mine, reviewed the evidence I had submitted, and protested the continuance, as I believed the Plaintiff would not investigate the fraud claims. Despite LVNV and Resurgent refusing to provide an identity theft affidavit, my sworn statement in court under oath satisfied the legal requirement of such an affidavit.

At this point, I officially informed them of the fraudulent nature of the account twice, using methods that are equivalently acceptable to an affidavit. 

It took another 11 months before they finally provided an actual affidavit, and even then, they failed to investigate the fraud. 

XX/XX/XXXX : I did not receive proper service of the XXXX hearing. In my absence, LVNV obtained a post-answer default judgment without providing debt validation documentation or investigating my fraud claim. A post-answer default judgment indicates that LVNV presented evidence to the court, which was reviewed in my absence, demonstrating their intent to pursue a judgment despite knowing the account was fraudulent. 

XX/XX/XXXX XX/XX/XXXX : Immediately following court, and on at least XXXX occasions, I contacted Resurgent, LVNV, and Credit XXXX requesting debt validation documentation and following up on my fraud claims, but no meaningful response was provided. 

XX/XX/XXXX : I became aware of the post-answer default judgment and promptly filed motions to have it set aside. However, these motions were denied due to untimely submission. 

XX/XX/XXXX : LVNV escalated their collection efforts by filing an Application for Receivership to locate and seize my assets. They failed to issue a demand letter or properly serve discovery documents during this process. 

XX/XX/XXXX : In LVNVs Application for Receivership filing, which I never received, I discovered the third instance of LVNV submitting Certificates of Service misrepresenting facts, along with an inaccurate declaration, all in support of their application.

As a result, the judge approved my motion to Stay the Application for 90 days.

Even this demonstrates Debt court 's favorable bias toward Buyers ; LVNV failed to produce a demand letter, never served me discovery, and submitted a declaration with no less than four individuals claiming responsibility, and still, I couldn't vacate the Application for Receivership, instead the court granted a 90-day Stay. 

XX/XX/XXXX XX/XX/XXXX : I repeatedly requested debt validation documentation and asserted that the account was fraudulent to LVNV, Resurgent, and XXXX XXXX. I made these requests no fewer than XXXX times via calls, emails, and mailed correspondence. 

XX/XX/XXXX : I filed a complaint with the CFPB and submitted the same filing to LVNV and Resurgent via email, including the Stay on their Application for a Receivership. 

XX/XX/XXXX : Resurgent sent a letter acknowledging receipt of my inquiry ( dated XX/XX/XXXX ) and stated they were investigating. Notably, the letter was backdated to XX/XX/XXXX. 

XX/XX/XXXX : LVNV provided the identity theft affidavit they promised to send 15 months before. 

XXXX XXXX XXXX : XXXX XXXX sent two letters : one confirming I was not responsible for the account and another with partial debt validation documentation.

During these same exact dates, I received contradictory messages : Resurgent sent the default judgment as debt validation, claiming the debt was legitimate, and LVNV emailed stating they were attempting to resolve the matter.

XXXX XXXX XXXX : Resurgent sent debt validation documentation for the very first time in the form of the illegally obtained post-answer default judgment. 

XX/XX/XXXX : LVNVs attorney quietly filed a Release of Judgment. 

XX/XX/XXXX : Resurgent informed me via letter that the account was returned to XXXX XXXX. 

XX/XX/XXXX : LVNVs attorney claimed the Release of Judgment was contingent on a settlement agreement, despite filing it two weeks earlier.

Current : All three entities have failed to address the judgment that remains in my name, whether settled or not. None of them have acknowledged or returned the funds they illegally collected, nor have they taken any steps to rectify the harm caused. Furthermore, none of the parties have properly notified the credit bureaus about this fraudulent account.

To date, they have refused to provide proper debt validation documentation with all account records, including pre- and post-acquisition payment information, details of any fraud investigation, or even a formal acknowledgment that the account is fraudulent. This lack of acknowledgment prevents me from resolving the associated legal and credit issues tied to this account.

Company response to consumer: Closed with explanation