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Settle Debt with Resurgent Capital Services

woman smiles sunflowers Settle Debt with Resurgent Capital Services

Summary: Resurgent Capital Services is one of the largest debt buyers in the country. Debt buyers purchase portfolios of delinquent or "charged-off" debts from original creditors (like banks, credit card companies, or utility providers). Once they own the debt, they step into the shoes of the original creditor and have the legal right to collect the full balance, including any interest allowed by the original contract.

If you've received a call from Resurgent Capital Services or LVNV Funding regarding a debt that they believe you owe, it's always necessary to know how to respond. This article discusses everything you need to know about how to work with Resurgent to settle your debt and secure a victory in your journey to a debt-free life.

Read our debt settlement guide to learn more about how to settle your debt and save thousands.

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What is Resurgent Capital Services?

Resurgent Capital Services is a third-party debt collection agency.

LVNV Funding buys delinquent or defaulted debt accounts from major banks and lenders, such as Citibank, Best Egg, Capital One, SoFi, etc. After acquiring these debt accounts, LVNV Funding assigns Resurgent Capital Services to collect them.

So if your debt has been sold to LVNV Funding, chances are you may receive or have already received a call from Resurgent Capital Services trying to collect what you owe.

Who does Resurgent Capital Services collect for?

Resurgent Capital Services collects for LVNV Funding. LVNV Funding purchases delinquent accounts from creditors like Capital One, Chase, Citibank, Discover, Wells Fargo, and more.

So, if you've fallen behind on a credit card account and it has been charged off, LVNV Funding may have purchased it. Once purchased, LVNV Funding will most likely hire Resurgent Capital to collect it.

To work with Resurgent Capital Services and LVNV Funding to resolve the debt, you'll need to understand your rights.

Make Resurgent Capital Services and LVNV Funding validate a debt

Confirm the debt is valid

If you don't recognize a debt—or believe it may not belong to you—requesting validation can help clarify the situation. In some cases, this might involve identity mix-ups, outdated account records, or debts that have changed ownership over time.

As a consumer, you have the right to ask companies like Resurgent Capital Services and LVNV Funding to provide documentation confirming the details of the account. This is typically done by sending a written debt validation letter. It's best to avoid making this request verbally and instead send it in writing—preferably via certified mail—so you have a clear record of your request.

Once your request is received, the collector will review and respond with the appropriate account information. This process helps ensure that all parties are working from accurate and complete records.

It's important to note that debt validation is most useful when there is uncertainty about the debt. If you recognize the account and the balance is accurate, this step may not change the outcome, and exploring resolution options—such as repayment or settlement—may be more productive.

Example: Brittany received a notice about a $700 credit card balance that didn't look familiar. To better understand the situation, she sent a Debt Validation Letter requesting more information. After reviewing the documentation provided, she was able to confirm whether the account was accurate and decide on her next steps with confidence.

Dispute the debt

If you are confident that the debt in question is invalid (i.e. fraudulent, past the statute of limitations, incorrect amount), you should dispute the debt immediately. This can prevent a future lawsuit and collection attempts. You can mail a dispute letter to LVNV Funding LLC c/o Resurgent Capital Services at P.O. Box 10497, Greenville, SC 29603.

If, on the other hand, you know that you owe the debt, disputing it won't do you much good. The best way to resolve a valid debt is to contact Resurgent Capital Services and negotiate a settlement.

When Resurgent Capital Services and LVNV Funding contact you about a debt you supposedly owe, they must also send you a written debt validation notice within the first five days of the initial contact. The notice should also state your right to dispute the debt's validity within 30 days.

However, suppose the initial communication was through a letter. In that case, the FDCPA allows Resurgent Capital Services and LVNV Funding, or any other debt collector, to include the debt validation notice in the initial communication.

Ignoring the debt validation notice won't magically make the debt disappear. Instead, it could complicate the entire process - for you. Here's why.

If you don't respond within 30 days of the initial contact, the debt collector will assume that the debt is valid. As a result, they may pursue legal means to recover what you supposedly owe, even if it means filing a debt collection lawsuit against you.

Dispute a debt with Resurgent Capital Services.

Know your consumer rights when Resurgent Capital Services contacts you

As a consumer, you have rights protected by the Fair Debt Collection Practices Act (FDCPA). So if Resurgent Capital Services and LVNV Funding contact you about a debt that they believe you owe, you can ask them to:

Stop contacting you

You can request them to stop contacting you. However, you should submit this request in writing. The only other reason these debt collection companies can contact you is to inform you about their next course of action against you.

Call you at specific times

Debt collectors can't call you before 8 a.m. or after 9 p.m. If you wish to have them contact you at a specific time based on your schedule or other factors, you may inform them about the preferred time.

Stop calling your workplace

It's illegal for debt collectors to call you while at work, especially if they know or should know that your employer prohibits it. If they call you while you're at work and your employer doesn't allow such phone calls (or even if your schedule doesn't allow it), you may inform them to stop in writing.

Respect your privacy

Resurgent Capital Services and LVNV Funding can't discuss your debt with anyone other than you or your attorney. For example, they can't call your boss to inform them about the amount you supposedly owe. However, they may contact your spouse, attorney, parent, or legal guardian if you're under the age of 18.

Tell the truth

Debt collectors can't lie about anything regarding your debt. Whether it's about the actual debt amount or the consequences of not honoring the debt, collectors can't lie or threaten you about the debt. For example, they can't threaten you with jail time or misrepresent information for the purposes of recovering the debt you supposedly owe.

Choose what account you wish to pay

If you owe Resurgent Capital Services and LVNV Funding more than one debt, you can choose the account you want to pay. By doing so, they can't use your payment to settle a debt that you've disputed.

Respond to a debt lawsuit against LVNV Funding

In the event that Resurgent Capital Services and LVNV Funding file a debt collection lawsuit against you, you still have options. In that case, they'll serve you with a debt collection Summons and Complaint. The first step to winning in court is responding to the Summons and Complaint.

Failure to respond can lead the judge to grant a default judgment against you. Once a judgment is obtained, Resurgent Capital Services and LVNV Funding have the legal right to collect the debt through different processes, such as garnishing your wages or bank accounts, depending on the state you live in.

In order to avoid default judgment, you should respond to the Summons and Complaint by filing a written Answer. Hiring an attorney to represent you can be difficult and expensive. SoloSuit can help you draft your own Answer in minutes, for free!

Check out this video for negotiation tips from an attorney and to learn more about how to resolve your debt with Resurgent Capital Services:

Resolve debt with Resurgent Capital Services and LVNV Funding

Most debt collection companies, including Resurgent Capital Services and LVNV Funding, will try to resolve the debt with you rather than file a lawsuit. This is because lawsuits are stressful and time-consuming, even for debt collectors. If you recognize the debt is yours you should contact Resurgent Capital Services or LVNV Funding to discuss a payment plan with them. However, if you don't contact them, the matter may go to court. If your account does go to court you can avoid a default judgment by filing an Answer to their complaint.

After you've responded to the lawsuit, you should reach out to the collector to discuss settling. SoloSettle makes the settlement negotiation process easier. Our software helps you send and receive settlement offers until you reach an agreement. With SoloSettle, you don't have to talk to the debt collectors directly, and you avoid going to court.

To learn more about debt settlement, check out our guide on How to Settle Debt with LVNV.

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