Beat a Resurgent Debt Collector

Sarah Edwards | November 11, 2022

Edited by Hannah Locklear

Summary: Resurgent debt collectors can be relentless, and if they are trying to get you to pay off an alleged debt, you can fight back and beat them at their own game. Try sending a Debt Validation Letter or disputing the debt. If you’ve been sued by Resurgent, respond to the Summons ASAP with SoloSuit’s help.

If you’re reading this article, you’ve likely received phone calls, letters, or emails from Resurgent Capital Services seeking to collect a debt. Resurgent Capital Services is a debt collection agency specializing in chasing consumers for unpaid credit card and medical obligations.

Regardless of whether the debt is valid, you may be tired of hearing from the company and worried about the actions it may take against you. No one likes to have old debts hanging over their heads, especially if money is already tight.

Fortunately, there are ways to stop the harassment from Resurgent Capital Services and move on with your life.

How do other consumers feel about Resurgent Capital Services?

Resurgent Capital Services is debt collection agency based in Greenvile, SC. It has a Better Business Bureau rating of A+. However, customer reviews average 1.12 stars out of 5. There have been nearly 200 complaints submiited to Resurgent's BBB profile in the past three years. Even worse, the Consumer Financial Protection Bureau has reported more than 12,000 complaints against Resurgent in the last ten years. Typical customer concerns include:

• Continuing to contact customers despite debt payoffs
• Failing to respond to disputes concerning crucial customer information
• Inaccurate reporting to consumer credit bureaus
• Pursuing customers for debts they don’t owe
• Identity theft/data breach concerns
• Not verifying obligations upon customer request

Debt collectors often violate consumer rights, and consumers must hold collection agencies responsible for their adverse actions.

What should I do if Resurgent Capital Services pursues me for a debt?

If Resurgent Capital Services is chasing you for a debt, take the following actions:

1. Review the debt collection letter and compare it to your records

Debt collection agencies often purchase hundreds of unpaid debts at once for a fraction of their value. Debt collection agencies may mix up essential customer details during purchasing and store incorrect information in their collection systems.

It’s not uncommon for debt collection agencies to attempt to collect the wrong amount for a debt or even to contact the wrong consumer. Other typical errors include the incorrect address, account number, or other details.

If you receive a letter from a debt collector, don’t ignore it. Instead, read through the entire contents of the communication and compare each item to your records. Look at your contact information, prior creditor details, and due amount.

If you recognize the debt, compare the amount due and the account number to your original account with the creditor. Details that don’t match up indicate a potential error.

if you don't recognize the debt despite the details provided, Resurgent Capital may have mixed up your account with someone else’s. It’s also possible that you may be the victim of identity theft.

2. Send a request for debt validation to Resurgent Capital

Consumers who don’t believe the debt is theirs or who need further information to confirm the debt should send a Debt Validation Letter to Resurgent Capital. A Debt Validation Letter requires Resurgent Capital to provide the consumer with additional information concerning the debt.

You must send a Debt Validation Letter to Resurgent Capital within a prescribed time, usually 30 days, or the company will assume the debt is valid and begin a full suite of collection activities against you.

Once the company receives your debt validation request, it will assemble the information it has about your account and send it to you. In some cases, Resurgent Capital won’t have the details needed to collect on your account.

If Resurgent Capital doesn’t have the requisite information, it will stop collection activities and you likely won’t hear from it again.

Watch this video to learn more about how a Debt Validation Letter can help you beat a Resurgent debt collector:

3. Dispute the debt with Resurgent Capital

Sometimes, consumers have valid complaints to dispute a debt. The debt may not be theirs, or they may have paid off the amount and Resurgent Capital isn’t aware of it. Many reasons can lead to a dismissal of the debt if you have the evidence to support them.

Individuals who are victims of identity theft should assemble the documentation they have concerning their case. Complaints to the FTC, credit reporting bureaus, and local law enforcement can all help support a case of identity theft.

If you have previously paid the debt, you can provide a copy of your canceled check or statement showing the payment.

Whatever your dispute is concerning the debt, outline the circumstances and provide the requisite evidence clearly. The better the support you provide, the more likely that Resurgent Capital will stop collection activities against you and dismiss your debt.

Make sure Resurgent Capital follows the collection rules set forth by the FDCPA

The FDCPA passed the Debt Collection Rule in late 2021. The new rule establishes specific protocols debt collectors must follow when pursuing consumers for an obligation. A few of the requirements that Resurgent Capital must follow include:

• Not calling before 8 a.m. or after 9 p.m.
• Limiting calls to seven times within seven days
• Not contacting a consumer within seven days after the previous conversation
• Not harassing the consumer via email or social media when they opt out of communications with the debt collector
• Not leaving voicemails for the consumer that expose their account status or clearly indicate the caller is a debt collection agency

If Resurgent Capital violates your rights, you can file a complaint with the FDCPA and the BBB. You may even be eligible for up to $1,000 of compensation per violation.

What should I do if my debt is valid?

If the debt that Resurgent Capital seeks to collect is valid, you have a few options. You can pay off the debt, attempt to settle the debt, establish a payment plan, or ignore the communication.

Pay off debt with Resurgent Capital

If you have the money available, paying off the entirety of the debt will clear your account without doing too much more damage to your credit report. Resurgent Capital will report the debt paid in full to the credit reporting bureaus, and you won’t have to worry about further collection activity.

To pay your outstanding balance, call Resurgent Capital and state that you’d like to pay off your account. Ask the company to send you a letter following payment that documents the bill as paid in full so you have it for your records.

Settle a debt with Resurgent Capital

If you have enough money in savings or other means to settle a valid debt with Resurgent Capital, it’s best to do so as soon as possible. Settling the debt allows you to obtain a discount for paying a portion of the balance in one lump sum.

For instance, you may offer a lump-sum payment of 50% of your balance in exchange for a settlement agreement. Sometimes, debt collection agencies will even accept less money for a one-time payment. Once you come to a deal with Resurgent Capital and pay the money, it will close your account and you won’t hear from its collectors again.

Check out the video below to learn how to reach a debt settlement with Resurgent Capital:

Set up a payment arrangement with Resurgent Capital

Many people don’t have savings that will allow them to pay off a debt in one lump sum. If this is the case for you, you can try to negotiate a payment arrangement with Resurgent Capital. Under a payment arrangement, you’ll make monthly payments toward your debt for a specific period.

Usually, Resurgent Capital will continue to charge interest, which can lengthen the time it takes to pay off your balance. However, payment arrangements benefit consumers seeking to avoid further legal activity.

Resurgent Capital won’t sue you or seek a judgment against you if you stick with your payment plan. You can save money and offer a settlement to clear your account once you have enough funds available.

Ignore all communications from Resurgent Capital

Avoiding communications and failing to respond to a debt collector like Resurgent Capital is a terrible idea. Chances are that the company won’t stop contacting you. Resurgent Capital won’t just go away.

Once Resurgent Capital realizes that you won’t do anything to address your debts, it is likely to take legal action. It will probably file a lawsuit against you to collect the money. A suit will result in a judgment, which Resurgent Capital can use to garnish your wages, seize your property, or freeze your bank account.

You can argue against a lawsuit from Resurgent Capital, but you’ll need evidence to support your claims. If you know the debt is yours, it’s likely that Resurgent Capital will, too. Unless it doesn’t have the supporting documentation to substantiate its case, it will likely win the suit.

What should I do if Resurgent Capital sues me for a debt?

If Resurgent Capital decides to sue you for a debt, you likely haven’t disputed its claims or attempted to come to a payment arrangement with it.

You can take various actions, including attempting to pay off the debt before the court date, formulating an Answer to its Complaint, and defending yourself before a judge.

Whatever you decide to do, don’t ignore the court Summons. If you do, the judge will likely issue a default judgment for the case, allowing Resurgent Capital to pursue further unwanted collection activities like garnishing your wages and seizing your property.

If you have a valid defense to its claims, you should file an Answer. An Answer establishes your defense and provides the judge with reasons why Resurgent Capital’s activities don’t apply to your case.

Follow these three steps to respond to a Resurgent debt collection lawsuit:

1. Respond to each claim listed in the Complaint document. Try to deny as many claims as possible, forcing Resurgent to prove them.
2. Assert your affirmative defenses. List any legal reason that Resurgent should not win the case. There are many defenses you can use, and SoloSuit can help you narrow down which ones are the most relevant to your case.
3. File your Answer in court before the deadline. Be sure to send a copy to Resurgent’s lawyer.

You can draft and file your own Answer with SoloSuit in all 50 states.

SoloSuit’s CEO, George Simons, explains each of these three steps in detail in this video:

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

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