Resurgence Financial, LLC

Welcome to the Community :D Have you been served a summons? If you have, be sure and answer it in the time frame. Also, be sure and show up for your court date, they count on you not being there, and issuing a default judgement.

If you aren't sure what this refers to, check your credit report and see if you can tell what debt they bought.
When you go to court, take any papers you may have about your debt.

Good Luck-keep us posted..KAren

Thank you both for reply.
I would definitely say they voilated the law. They had not even communicate with me previously.
At the moment, I do not know what this refers to. So I checked my credit report online and found something new, yet under different collection agency...hope I do not have two different cases going on...cannot afford physically and mentally...
It looks like the case was filed in Los Angeles. And Legal Service who sent me a letter is located in Seattle. Resurgence Financial, LLC as you know is located in IL. Now I am located in New York. Do I still need to show up in Los Angeles. According to the letter, the hearing is not indicated, just they file the case against me. Actually, the letter was supposed to go to Post Master to gather my correct address, yet either maiman or the agent of Legal Service dropped in my mail box.
Let me know if you faced or heard of similar case!!!

I recently had a lien put on my bank account by Resurgence Financial LLC for a judgment that was made in 2006. I was never served with the court papers, so I was not aware of the debt that I thought I paid off. What Resurgence told me was that the papers were served and signed by the co-occupant of the apartment I was living in, one problem, I was living alone at the time they said they served the papers. I was wondering if I could sue them or if I even should sue them in small claims court over this. Had I been served the papers I would have appeared in court and done whatever the judge said I needed to do if I lost.

What is your opinion?

ok, two separate issues happening here....

first, to the original poster, did you ever live in Los Angeles? If not, then you need to get that case dismissed ASAP, and its not hard to do. There is a law that requires a debt collector to only sue you either where you currently live, or where the alleged debt was first originated. So, if you lived in Los Angeles, and they claim you opened up this account while you lived there, they can legally sue you there. If you never lived there, it sounds to me like they are trying to bypass the law by filing in a place that they know you would not find out, so they could get a default judgment when you dont show up.

You need to first verify with the court clerk's office in Los Angeles County that they even filed a case at all. If they did, then you need to ask that court clerks office how to file an order to show cause/motion to dismiss due to improper venue. Of course, this is assuming that you didnt live there at that time. That court has no jurisdiction over you whatsoever if you didnt live there at the time they claim this debt was opened.

Now, if you find that there never was a lawsuit filed, you must dispute the entry on your credit report that claims there was one.

OK, on to Tom---your case is not too difficult either. You need to go to the court clerk's office where this case was filed, and ask them how to file a motion to dismiss due to improper service. Since you never were served, you were denied your right to due process, which is a big no-no. The court clerk will tell you if there is a specific form or format that you must use.

Having an issue with Resurgence wondering what I need to do. In Dec 2008 We received a summons to appear in court. Last thing I wanted to do!(there are other issues but this is the most current). I called the lawyer from resurgance to work out something out of court. I was told to send $1,000.00 and it would stay out of court. The check and all information was sent(cancelled check from the company that was paid off plus an additional $1,000.00) Heard no more so thought all was in order. THAT lawyer went to court anyway and now I received papers for a judgement of $6,000.00. That judgement was made in 3/09 because he went to court anyway!!!! and I just received papers today getting tired of paying a balance over What do I do

Not sure what I did but can't find my question. I have an issue with Resurgence Financial. I was served papers for I debt (that I have proof was paid off). The last thing I wanted to do was appear in court. I contacted the lawyer from resurrance and was told that if I sent $1,000.00 they would keep it out of court. On 12/08 I sent $1,000.00 and all the other info to prove it was already settled. Today I received papers to appear in court again. According to the letter they found in favor of the plaintiff. The $1,000.00 was to keep it out of court but he still was there 3/09. Now I owe $6,000.00!!! Is there anything I can do?

You should contact a consumer attorney at NACA.net and explain your situation. They may be able to help you.

Did you have an agreement in writing to keep it out of court? If not then there is probably not much you can do. You will have to go to the court house to see what papers where filed and why they found in favor of the plaintff, such as failure to answer a summons, interrogatories, whatever it may be. You will also have to find out where that $1,000 went.

what was the original amount they where suing you for? Do you know what it was for and the last time you made a payment? Also what state are you in? These are all vital things, if the debt was time barred, you may be able to get it vacated, although you did make a payment, if they sued you on a time barred debt, I doubt that could start the SOL again.

That is why I say call an attorney cause if they broke the law, they could be owing you money.

Thank-you for the info I now have 3 lawyers in the area I can call.