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How to beat Resurgent Capital Services and LVNV Funding

George Simons | April 11, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Fact-checked by George Simons, JD/MBA

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD/MBA. In his spare time, George likes to cook, because he likes to eat.

Summary: Make Resurgent Capital Services validate your debt with LVNV Funding. If you’ve been sued, respond to the lawsuit to block a default judgment, and negotiate a debt settlement. SoloSuit can help you do all this and more.

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.

What is Resurgent Capital Services?

Resurgent Capital Services is a third-party debt collection agency.

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.

Who does Resurgent Capital Services collect for?

Resurgent Capital Services collects for LVNV Funding, and LVNV Funding purchases old debt accounts from big creditors like Capital One, Chase, Citibank, Discover, Wells Fargo, and more.

So, if you’ve fallen behind on a credit card debt and it’s been charged off, LVNV Funding may have purchased it and hired Resurgent Capital to collect it.

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.

Make Resurgent Capital Services and LVNV Funding validate a debt

Send a Debt Validation Letter

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 ask Resurgent Capital Services and LVNV Funding to validate your debt. You can do this by sending a Debt Validation Letter. Do not submit this request verbally because it may not hold weight in court in the event of a lawsuit.

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 again until they provide the evidence you've requested.

If Resurgent Capital Services can’t verify your debt, you may be off the hook. Let's look at an example.

Example: Brittany randomly received a notice from Resurgent Capital Services, claiming she owed $700 in unpaid credit card debt. After some investigating, she learned that LVNV Funding had purchased an old debt portfolio from her bank, Wells Fargo, but she had already paid off all her debts to the bank. She used SoloSuit to draft a Debt Validation Letter, forcing Resurgent to prove the debt was valid. Brittany never heard from the collectors again.


Dispute the debt

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.

Dispute a debt with Resurgent Capital Services.

Your consumer rights can protect you from unfair Resurgent Capital Services debt collectors

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:

Stop contacting you

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.

Call you at specific times

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.

Stop calling your workplace

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.

Respect your privacy

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.

Tell the truth

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.

Choose what you wish to pay

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.

Respond to a debt lawsuit against LVNV Funding

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!

Check out this video to learn more about how to respond to a debt lawsuit and win:

Resolve debt with Resurgent Capital Services and LVNV Funding

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 to avoid a default judgment.

After you’ve responded to the lawsuit, you can reach out to the collector to discuss settling. SoloSettle makes the settlement negotiation process easier. Our software helps you send and receive settlement offers until you reach an agreement. With SoloSettle, you don’t have to talk to the debt collectors directly, and you avoid going to court.

To learn more about debt settlement, check out our guide on How to Settle Debt with LVNV.

Start the debt settlement process today.

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