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Sub: #17
Replied on 06-03-2007, 06:10 PM
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First open a new account in your name only with a different bank. Then contact a lawyer. If there is a judgment, maybe he can file a motion to vacate due to improper process. Being the debt was purchased, you are being ripped off. But still the collector can legally try to collect on the full amount (which they've payed pennies on the dollar for).

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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)

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Sub: #18
Replied on 06-04-2007, 09:01 AM
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Thank you very much, Law Student.

Do you have any thoughts about locating a lawyer who is legitimate and may take our case pro-bono? We have limited means, and I don't know if we could afford any other route.

I thought about checking for lawyers through the BBB website...


~Betty

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Sub: #19
Replied on 06-04-2007, 06:29 PM
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Try http://www.naca.net/ many consumer attorneys are listed on there. Check your area for one on there.

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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)

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Sub: #20
Replied on 06-05-2007, 06:37 PM
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Here's my update:

Checked out the greatly helpful www.naca.net website and found some leads. Contacted a lawyer in our area who is experienced in consumer law re: collections and fdcpa violations.

The lawyer helped us find the case number of the suit that was filed. Seems my fiancee was sub-served back in February of 06! It came to one of his previous addresses, a visitor to the home accepted it, and it was never passed on to him!

The suit was won because of default. We looked through about 68 pages of documents and did not find any evidence of original creditor's debt owed to them. It does say that his account was sold from B of A to 2 separate legal entities, then to Resurgence.

I was under the impression they had to have some proof of the original amount he supposedly owes. The only thing that even resembles it is a copy of Bank of America credit agreement. It doesn't bear his signature.

The only thing we can think of is that it is from some kind of fraudulent charges on an account he thought was closed.

We are meeting with the lawyer for further advise on Thursday. Wish us luck!

~Betty

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Sub: #21
Replied on 06-25-2007, 05:15 PM
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I just received a small claims court summons from these guys saying I owe them about $5500 from a Cititbank account. This is the first correspondence I've received from these guys about this debt. They only have an account number typed on the complaints form, a bill of sale of the debt from another party, and a Citibank Service agreement. There is no statement or any other documents that has an account number, my name nor my signature on the summons paper.

I can't confirm nor deny having this account as this might have been an old credit card that was possibly purchased by Citibank. However, I ordered credit reports about a year or two ago to see who I owe money to and finally pay them off. This account was not present in those reports. A credit report generated this Saturday did not show this account as well.

I'm not exactly sure what to do but I think I will go to court since I wouldn't want a default judgment to their favor on this. Would that account not showing on any of my credit report enough proof to dismiss this case? Also, is sending me a court summons as first contact regarding this debt even legal to do?

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Sub: #22
Replied on 06-25-2007, 06:16 PM
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Above all, show up for the court date (they might not even show up). Small claims is rather more informal in most places. Explain to the judge that they never sent you any communications on this matter, and that you were unaware until you got the summons. If there is time enough before the court date, send a letter requesting proper validation of the alleged debt (return receipt). Generally, no, sending you a summons as a first contact is not legal according to the fdcpa (someone correct me if I'm wrong). If is doesn't show on your credit report, it is probably a very old debt on which the SOL has run. Ask the date of last activity for this alleged debt. If it is old, use the SOL as your defense. Isn't Resurgence a part of the LVNV group of con artists? They buy old debt, much of the time out of SOL.

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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)

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Sub: #23 THEY ARE SUING ME
Replied on 12-21-2007, 12:45 PM
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I need help I had Resurgence serve my father with a summons, which was in the form of a certified letter. I dont even live in illinois anymore, they ran my credit to find out where I live. The debt is for originally 14000 but since they have filed a claim they are charging me 9% interest daily. I need help. I have already paid them 500 dollars because I was scared, but I want to settle I have no clue they are telling me that the debt is now 1936.08 and to settle its 1600.00 but if I settle for the 1600 dollars plus the 500 I have already paid will leave me paying 2100.00 HELP!

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Sub: #24
Replied on 12-23-2007, 10:35 PM
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If your father signed for the summons (which was meant for you), they are suing in the wrong jurisdiction.

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He who has freed himself of the disease of "tomorrow" has a chance to attain what he came here for. --G. I. Gurdjieff (1872-1949)

The science is in knowing, the art is in perceiving - Robert Fripp (1946-)

Ever get the feeling you've been cheated? - Johnny Rotten (John Lydon) (1956-)

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Sub: #25
Replied on 12-29-2007, 01:42 PM
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Do I have a case should I just pay them? This is very aggravating?

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Sub: #26 Resurgence
Replied on 01-03-2008, 01:47 PM
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I used to work for Resurgence...let me just start off with not a great company to work for...even while I was there I felt that their collectors were just down right rude to people, and maybe just one out of the whole bunch would even address you properly. I was told that I didn't have what it took to "scare" ppl into paying $$ (which the company bought in private auctions for about 7 cents per dollar owed)...so I thankfully never made the collector's seat. All should know that they will attempt a lawsuit for absolutely anything over $300 (because 300 is the court fee and filing costs). One thing the "bosses" were not cheap on was software and programs used to locate people, their assets etc...trust me they can know just about EVERYTHING that was ever associated with your SS#. One thing ...I saw it many many times while I was there THEY MAKE MISTAKES! Letters are now your best friend when it comes to getting Resurgence's attention...especially with a lawyers signature....good luck to all.

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Sub: #27 resurgence financial-civil judgment
Replied on 01-15-2008, 11:58 AM
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I pulled my credit report and this company showed as a civil judgment against me. I never received any information on anything that i may owe going to collections. i was wondering where i could get the information to find out exactly what it is i am getting sued for and how i can get it fixed.

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Sub: #28 resurgence
Replied on 02-20-2008, 12:52 PM
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Resurgence is the slimiest company out there. Please be careful of them. Without any notification, they issued a warrant for my arrest. I went to court to fight them, and it lasted 2 years. The judge I had was being bribed by the company, and was removed from the Wheaton Courthouse for an 'early retirement'. After 18 months, Resurgence then went to Cook county to try and sue me again, to which my attorney fought and won, and now after another year of silence, I have found that they have issued another warrent for my arrest. Apparently, it took them 2 and a half years to find another judge within my county they want to work with. I have proven over and over again with statements and cancelled checks that the debt was not only my exhusbands, but that I paid it. I was divorced 9 years ago. To make matters worse, one of the disgusting attorneys for Resurgence told me his marriage was 'on the rocks;...and hit on me!

I am now on year 4 and a half of fighting Resurgence, and have asked for help with my state representitive in this matter.

You can't fight them without an attorney, and check your credit score often. They pop up without notice and ruin your life. The only thing Resurgence doesn't like is being on the defensive. Push back and push harder...they cower. The more I fight the weaker they get.

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Sub: #29
Replied on 05-29-2008, 04:22 PM
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They served me and i never found out until there was a default judgement against me. I called and asked to work out a payment plan, and they demanded payment in full and when I said that i dont have it (which I really didnt) they said that they would proceed with wage garnishment through the court, to which thought, yeah right, best of luck with that. well, they did and my employer was served with papers demanding wage garnishment. I called back to try again and work out a payment plan and they asked for the full amount which had gone from $1917 to $3283 over two years. I told them again that I dont have it, which I dont, and i was told that they would settle for $2000 tomorrow and they would stop the wage garnishment scheduled for June 13th that would cost me $450 per paycheck which i cant afford. I contacted a lawyer on the site given above (thanks!) and they are going to try and fight it.

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Sub: #30
Replied on 07-09-2008, 01:56 PM
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They served me at an old address and got a default judgment that I never knew about. They took all the money in my checking account. I called the the bank and they gave me the KING of COLLECTIONS number "RESURGENCE". They said i owe $14,000. They wanted $5000 down and a payment of $200 a month. Think they might hit me with garnishment next like what Madashell said. For some odd reason I think Im fighting a losing battle. Hate to day but "BANKRUPTCY".. maybe the case for me. This way them jack A** dont get a dime.

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Sub: #31
Replied on 07-14-2008, 04:34 PM
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I'm in the same boat as Madashell above, I have a default judgment passed against me for $6486, I want to call them and try and work out a payment plan or one time lesser payment now. Any tips on how to handle them?

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Sub: #32 these guys are SCUM
Replied on 10-22-2008, 09:09 PM
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I just closed out all my accounts and am going to open up a corporation in which to get paid so they don't clean me out. My debt from citibank is *4* years old.. the company has written it off by now and are trying to get more. Fact is, yes, I owe the debt. But I don't believe credit companies should give money to people who don't have it, then go after them.

Here's my question, I got served via PO Box. I'm going to file a motion to set aside the default and vacate the judgement... based on improper service... I can't believe these a*****s are getting away with this s**t.

Edit: Let's keep the profanity to a minimum - ND




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