Resurgence Financial LLC - Does anybody have any experience?

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?
Quote:

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.

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.

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! :x

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.

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.

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

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.

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

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

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).

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

Try http://www.consumeradvocates.org/ many consumer attorneys are listed on there. Check your area for one on there.

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

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?

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.

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!

If your father signed for the summons (which was meant for you), they are suing in the wrong jurisdiction.

Do I have a case should I just pay them? This is very aggravating?

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.

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.

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.

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.

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.

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?

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

A CREDIT CCARD DEBIT YEARS AGO WENT FROM 4320. TO 9750. TO 12900. TO TWO LIENS IN TWO BANKS OF 28,000.???
56,000.????

This posted all my personal informatoin with their court docuemnts. ss number, dl number and birthday. They have set me up from identity theft. I was living in a undisclosed location because I had a tro against my exhusband. My exhusband now know where I live who I live with where I go every day. I am in fear. This company would not validate the debt.
This is how I look at it. I will keep going to court for as long as they want to waste mytime. I will file a bk if I have to. They have filed this lawsuit knowing that they could not valadate the debt, provide proof of the credit card nummber etc. I am filing a lawsuit against them in small claims court for violating the law

You need to see an attorney right now! You have a much larger case against them than a paltry fdcpa ciolation or two. Disclosing your personal data without your consent is serious. Particularly so, in light of the situation with your ex.

In your position, I might well be seeking relocation expenses, ID theft insurance coverage, and serious punitive damages, in addition to damages for FDCPA violations.

I have been paying faithfully every month since Feb '08 when I was sued. This is for a debt that is 8 years old. The statute is 7 years however, they were sneaky and filed the lawsuit prior to the statute ending and didn't serve me until almost a year later. I received a letter yesterday (Dec 1st) saying that my Nov payment was not received and if I didn't pay by Nov 28th legal action would be taken. Once again, I didn't receive the letter until Dec 1st. As I mentioned, I have paid them EVERY MONTH by phone. When I call to make a payment, I get treated like garbage. This debt was from a Discover card I had when I was 18 and STUPID. The limit on the card was 1,000 but RF said that I owe 2,800 in interest. If I would have paid them 1,800 when I was served they would clear the debt. Yeah, right. I have rebuilt my credit since my idiotic teen years and RF is destroying it. I attempted to refinance my house but because of this judgement, I can't. So, now I have to call them and argue that the payment was made but of course I'm sure they have already most likely got their bs lawyers to start filing. Unfortunately for me, living in Illinois, they do show up for court. I'm so tired of this. I hope that charma gets to every one of these bottom feeders. They are trash!

My bad. When i posted previously I was wrong about the amount I was actually sued with. It was $5,379. for a $1000. credit card limit. Over phone arguing after being sued I settled for $2,386. which I still think is unfair. I just called them to find out what I still owe and it is now $1,100.18 after making 10 months of payments! By the way, the douche who keeps harrassing me from RF is Henry Winkler. If that is his real name, I'll eat my sock.

Unfortunately Resurgence purchased some credit card debt I had and they have been brutal. They are now garnishing my wages through my employer and charging me interest on the amount they say I owe. At the rate I'm going the debt will never be paid off. What can I do?????

I am an attorney in Illinois currently in the process of drafting a Complaint against Resurgence for FDCPA violations...would love to help anyone in need. Mario Kasalo, Esq. Email Removed per TOS -DC

I consolidated all my credit cards back in 2002 and was making payments as I could. We fell into some finacial difficulties and my credit card was sold to a couple of different creditors. I think citibank had it last. They sent me to collections and resurgance has it now. This debit dosen't even appear on my credit report. I have been paying resurgance since February 04, 250.00 a month. When I have missed a payment they always threaten me to go to court. I get nervous so I pay them. My orginal debt was 25,000 and they said I owe 32,562.00. I m tired of these guys, they wont nagotiate I was wondering if I should do anything or just keep paying them.

Hello, I just found out there is a resurgence on my debt from credit cards and the superior court has send papers to me which I have not gotten any letter which the court sent since my previous place in 2006. I would like to know if I am visiting outside the United States will there be any problems boarding the plane due to this? Please send an email [email]sniffy999@yahoo.com[/email]

Thank you--Samuel

Hello, I just found out there is a resurgence on my debt from credit cards and the superior court has send papers to me which I have not gotten any letter which the court sent since my previous place in 2006. I would like to know if I am visiting outside the United States will there be any problems boarding the plane due to this? Please send an email [email]sniffy999@yahoo.com[/email]

Thank you--Samuel

They had someone give my mom what looks like judgement paperwork for me even though I do not live at her address.
This is an old debt I need to check SOL has expired since I do not remember it. There is no court date on this paperwork I checked and rechecked all 15 pages. They now sent me a threatening letter saying they will garnist my wages which I am on SSDI disability and put a lien on my checking account if I do not pay up.
Can they do this when I am on disability? What should I do? I need my checking account to pay bills.

No they cannot. verify that it is a real summons by calling your county court.

There is an attorney named Bud Hibbs that specializes in dealing with these renegade debt collectors. Here is what he as to say about them at his site:

"It's my position the majority of debt buyers, bottom feeders, vultures and junk debt buyers cannot file valid legal claims to collect without lying in their pleadings and affidavits. Resurgence Financial, LLC appears to be one of those who engage in illegal and bogus filings on purchased Citibank (South Dakota) accounts.

???Authorized Agent??? John H. Over may have lied in his affidavit used in a Texas court filing on a Citibank (South Dakota) account. His perjured affidavit may affect other court filings and any credit bureau reporting done by Resurgence Financial, LLC.

Anyone facing litigation initiated by Resurgence Financial, LLC on any Citibank (South Dakota) is urged to contact me for referral to a local consumer law professional for assistance.

If you find they have placed information on your credit bureau reports, you may want to consider various options that include debt validation, credit bureau disputing and advice from an attorney versed in the law that governs credit bureau reporting.

Do NOT allow any of their court filings to go to a default judgment; you may have options available you are unaware of and the possibility their information could be bogus."

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?

Call your county civil court and ask them how to file a Motion to Dismiss due to Improper Service.
"http://www.lectlaw.com/forms/f146.htm"

Why is it people who are dead beats think they can skate? I like the old school ways if you dont pay we come and find you your family and your friends! We then see if you continue to be a stiff. Dont accept what you cant handle.

WoW! I have a friend who is working at a low paying job single parent, I went to the place where she works and seen tears in her eyes. She told me Resurgence Financial Blocked her bank account. She has a two years old still in diapers. Every check she makes go to this horrible Resurgence Financial. What is wrong with them people?. It was Seven years that passed. She got a letter in the mail, So she called. The next thing you know they are just sticking there stinky pinkie in her account. Do they care if the baby goes hungry or has diapers or close on its back?. No these things that rip you off should be locked up and throw the key away. They know its hard times, Why now do this. I am glad I didn't deal with those jerks. But I had my share. Get these creeps off our land. File for a Class Action.

I recieved theses judgement paper in the mail stating that I owe this company called Resurgence. I remember my debt being $2000 not $9024.39 that they say I owe them. I called them to get a copy of the contrcat that I sign with them they told i need to see the attorney. This is a very crazy company.

insert any lawyers name? or i have to hire a lawyer?

[QUOTE=Gretchin;59434]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)[/QUOTE]