George Simons | October 19, 2022
Summary: Here is SoloSuit's guide to taking a stand against Resurgent Capital Services and LVNV Funding. You can win in court!
If you've received a call from Resurgent Capital Services or LVNV Funding regarding a debt you supposedly owe, it's always necessary to know how to respond. This article discusses everything you need to know about beating these two debt collection agencies and securing a significant victory in your journey to a debt-free life.
LVNV Funding buys delinquent or defaulted debt accounts from major banks and lenders, such as Citibank, Best Egg, Capital One, SoFi, etc. After acquiring these debt accounts, they assign Resurgent Capital Services to collect them. So if your debt has been sold to LVNV Funding, chances are you may receive or have already received a call from Resurgent Capital Services trying to collect what you supposedly owe.
To beat Resurgent Capital Services and LVNV Funding, you'll need to understand your rights as the alleged debtor. But even before we discuss that, let's look at some of the things you shouldn't do when contacted by either of these two debt collection agencies.
Some debt collectors might attempt to pursue debts you don't even know about. This could be a case of identity theft, mistaken identity, or even a resurrection of old debt. Whatever the reason, don't accept ownership of the debt unless there's sufficient evidence to prove that you actually owe the stated amount.
As the alleged debtor, you have the right to request that the debt collection agency prove that you actually owe the debt. To do this, you must submit the request for debt validation in writing.Do not submit this request verbally. This is because verbal requests may not hold weight in the event of a lawsuit filed against you by a debt collection agency. This type of request is known as a Debt Validation Letter.
Many debt collectors simply give up after receiving a Debt Validation Letter, and you can draft one with SoloSuit in minutes.
To keep evidence of the written request, use certified mail to send the request and keep the return receipt. It's also important to note that debt collectors can't contact you about the debt anymore unless they provide the evidence you've requested.
This graphic outlines the timeline of a Debt Validation Letter:
When Resurgent Capital Services and LVNV Funding contact you about a debt you supposedly owe, they must also send you a written debt validation notice within the first five days of the initial contact. The notice should also state your right to dispute the debt's validity within 30 days.
However, suppose the initial communication was through a letter. In that case, the FDCPA allows Resurgent Capital Services and LVNV Funding, or any other debt collector, to include the debt validation notice in the initial communication.
Ignoring the debt validation notice won't magically make the debt disappear. Instead, it could complicate the entire process - for you. Here's why.
If you don't respond within 30 days of the initial contact, the debt collector will assume that the debt is valid. As a result, they may pursue legal means to recover what you supposedly owe, even if it means filing a debt collection lawsuit against you.
If you are confident that the debt in question is invalid (i.e. fraudulent, past the statute of limitations, incorrect amount), you should dispute the debt immediately. This can prevent a future lawsuit and collection attempts.
You can mail a dispute letter to LVNV Funding LLC c/o Resurgent Capital Services at P.O. Box 10497, Greenville, SC 29603.
As a consumer, you have rights protected by the Fair Debt Collection Practices Act (FDCPA). So if Resurgent Capital Services and LVNV Funding contact you about a debt you supposedly owe, you can ask them to:
You can request them to stop contacting you. However, you should submit this request in writing. The only other reason these debt collection companies can contact you is to inform you about their next course of action against you.
Debt collectors can't call you before 8 a.m. or after 9 p.m. If you wish to have them contact you at a specific time based on your schedule or other factors, you may inform them about the preferred time.
It's illegal for debt collectors to call you while at work, especially if they know or should know that your employer prohibits it. If they call you while you're at work and your employer doesn't allow such phone calls (or even if your schedule doesn't allow it), you may inform them to stop in writing.
Resurgent Capital Services and LVNV Funding can't discuss your debt with anyone other than you or your attorney. For example, they can't call your boss to inform them about the amount you supposedly owe. However, they may contact your spouse, attorney, parent, or legal guardian if you're under the age of 18.
Debt collectors can't lie about anything regarding your debt. Whether it's about the actual debt amount or the consequences of not honoring the debt, Resurgent Capital Services and LVNV Funding can't lie or threaten you about the debt. For example, they can't threaten you with jail time or misrepresent information for the purposes of recovering the debt you supposedly owe.
If you owe Resurgent Capital Services and LVNV Funding more than one debt, you can choose the debt account you want to pay. By doing so, they can't use your payment to settle a debt you've disputed.
In the unfortunate event that Resurgent Capital Services and LVNV Funding file a debt collection lawsuit against you, you still have options. In that case, they'll serve you with a debt collection Summons and Complaint. The first step to winning in court is responding to the Summons and Complaint.
Failure to respond can lead the judge to pass a default judgment against you. Resurgent Capital Services and LVNV Funding the legal right to collect the debt through different processes, such as garnishing your wages.
In order to avoid default judgment, you should respond to the Summons and Complaint by filing a written Answer. Hiring an attorney to represent you can be difficult and expensive. SoloSuit can help you draft your own Answer in minutes, for free!
This flowchart briefly outlines the different routes a debt lawsuit can take:
Most debt collection companies, including Resurgent Capital Services and LVNV Funding, will try to solve the debt problem with you rather than file a lawsuit. This is because lawsuits are stressful and time-consuming. If they verify your debt, you can discuss a payment plan with the debt collection agency. However, if the matter goes to court, you must respond or seek the help of SoloSuit if you're not sure where to start.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.