I sent a request to have a debt validated by Resurgence Financial. A lawyer from their company replied by sending me 3 facsimile of the original statements. Is this a proper wayt o validate a debt? The lawyer also said that they will take legal action in 14 days unless I set up a payment plan/settle the account. I am worried because I am a student with limited means. What should I do next? Does anyone know anything about this collection company. Thank you in advance for any help.

[stella]

I understand your trouble. Don't get scared. Perhaps they have hired a collection attorney to collect the debts on their behalf. Do you know if the debt is within the scope of SOL of your state? Also what is the amount they are demanding?

A lawyer from Resurgence Financial replied by sending me 3 facsimile of the original statements.

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You mean copy of the original contract? See the right process of debt validation here and compare with the one you have received-
http://www.debtconsolidationcare.com/validation.html
You can contact the lawyer and arrange some payment plan. Keep us updated on how it works. Community members can guide you on how to proceed.
Or, if you feel it difficult to deal with them, you can simply consolidate the debt. In that case, your consolidator will negotiate with your creditor on your behalf.

Stella, thank for the reply. The original debt was about $3,900. They are now asking for close to $9,000, which is outrageous. They sent me a 3 copies of the original statement. Is this proper debt validation? The SOL has not expired. I last paid on the account this year so Resurgence Financial has 4 yrs to sue me if they choose to. Does anyone know a good and reputable debt consolidation company? I think I want to go that route. I live in Orange County, California. Any help is greatly appreciated. Thank you.

[Gretchin]

Maria, sign up for a free counseling in this website and a trained counselor will call you back. 3 copies of the original statement by no means validate the complete debt. Check out the thread given above to know the details that should be given to you in writing.
Resurgence Financial is also using unusual, perhaps illegal collection techniques on you. Under the federal laws, when a CA sends anything in writing, you must be given 30 days to show your dispute. Legal actions are possible only after this period.

Gretchin, Resurgence Financial is located in Illinois. Does the same federal law apply for IL too? I don't know what I should do next. Should I request payment history on the account as well as copy of the original contract with my signature on it? Thanks.

[Gretchin]

Maria, Resurgence Financial LLC is bound to follow the collection laws where you reside. The company also needs to be licensed in your state before doing their collections.

Tailor this letter as per your requirements and send it through certified mail with return receipt requested.
(Send via CERTIFIED MAIL, Return receipt requested)

YOUR NAME
YOUR ADDRESS
CITY, STATE, ZIP CODE

Re: Acct #

Collections Manager:

This letter is regarding the account referenced above, which you claim I owe. This is a notice that your claim is disputed. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act Section 809 [15 USC 1692g]. Please note that I am requesting "validation"; that is competent evidence bearing my signature, showing that I have some contractual obligation to pay you.

Please also be aware that any negative mark found on my credit reports from your company or any company that you represent for a debt that I don't owe is a violation of the Fair Credit Reporting Act; therefore if you cannot validate the debt, you must request that all credit reporting agencies delete the entry.

Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports.
If you do not own this debt, you must remove the derogatory marks from my credit report per the Fair Credit Reporting Act.

This letter is also a formal request, citing Section 805 [15 USC 1692c] of the Fair Debt Collection Practices Act, to cease any further communication with me unless it is:
(1) to advise that your collection efforts have been terminated;
(2) to notify me of any specified remedies
(3) to notify me that you have invoked a specified remedy

Please note that any failure on your behalf to comply with the laws of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act will result in legal action.

Best Regards,

Your name

Cc: (insert a lawyer's name, Esquire)

Thanks Gretchin. I will use this letter.

I'm also from California, so how do we know if they're licensed here? Looks like those crooks love to sue people left & right!

I have been to court with Resurgence Financial 4 times in the last 8 months.
Yesterday their lawyer finally acknowledged the fact that I am disabled and my income is exempt. I have provided proof of disability and income to these people 4 times even by registered mail. He told me that Resurgence had the right and would be coming after me for the next 20 years and since I am disabled and can't pay that they would be hauling me in to court every 2 to 3 months for the next 20 years.
When you go to court there are 600 cases in several court rooms and Resurgence has about 550 of those cases. They came out of the blue in September 2005 and although I am ill, they have proceeded to harass me and attempt to intimidate me into paying them now. The debt was $2000 the last 0f 2004 and now under them it is over $4000.

Resurgence claims they have purchased my debt, sent me 1 letter that I immediately pay the full amount of $5,800 or will sue. They have followed thru on the lawsuit. I am currently disabled and not able to pay the full amount on demand.

[Law Student]

New Life, Resurgence Financial can't tell you in their first letter to pay up "immediately", nor threaten to sue. This is breaking the law. It overshadows the 30 day period in which you have the right to send written request for validation of the alleged debt. I would tell them that I would be filing a counter suit for violations of the fdcpa. Also find out the date of last activity on this account, if the statute of limitations has run, use this as well in your defense against their claim. Above all else, show up for the court date.

[Law Student]

By the way in my opinion perhaps this could be fraud in the inducement.

[karenr216]

Resurgence Financial is only one of the collection agency Names under the unbrella of Weltman,Weinberg & Reis law firm.These people are smart enough to skirt the law.They use scare tactics to get people to make payment arrangements.The internet is full of horror stories.This happened to me I ask for Validation twice without any response.Instead I was threatened
with "Legal action".They scared the h--- out of me.I made arrangements I really can't afford.Now I found out the debt has passed the SOL and the removal from the credit agencies is this year !!!!!!!! by me making payments I reaged the debt.I'am seeing an attorney Tuesday.It seems this company has been sued.
A class action suit in Indiana was won.Indiviuals have sued and won.Be sure you get "VALIDATION"and do not let them intimadate you.

[DebtCruncher]

Resurgence Financial LLC is different company than the Resurgent Capital Services that LVNV uses ... they are not associated at all.

[karenr216]

Thanks DebtCruncher,You are right. Resurgence Financial LLC, LP is the one I'am dealing with.These are the ones listed on the letter head.
Sherman Acqisition,LP
Sherman Acquisitions 11,LP
Sherman Acquisitions,LLC
FNBM,LLC
Sherman Acquistions TA,LP
Ascent Card Services
LVNV Funding,LLC
Ascent Card Services II,LLC

These are some busy people !!!!!

Seems Resurgence Financial LLC has purchased some debt of my fiancee, which he was not even aware of. We found out about it because our whole checking account balance was cleaned out (nearly $1,000), including an overdraft of $11! The bank says they have a court order and now have placed a lein on our account. We cannot even close our account because of this.
As he never received anything in the mail, was never served re: a lawsuit, we are not sure what the best step is to take next.
I am just hoping it is not too late to stop my direct deposit from going in on Tuesday, or they will have taken that too.
Should we contact a lawyer or try to set up some kind of payment plan with Resurgence Financial if the debt is legitimate?
Thanks very much to anyone who can help.
~Betty