By:Â Robert J. Nahoum
THE PROBLEM:
You have just been served was a summons and complaint. Resurgent Capital Services, L.P. is suing you for an old debt.
WHO IS RESURGENT CAPITAL SERVICES, L.P.?:
Resurgent Capital Services, L.P. is the sister collection agency for infamous “debt buyerâ€,  LVNV Funding, LLC, who buys up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar.
Debt buyer collection agencies like Resurgent Capital Services, L.P. collect on delinquent credit accounts bought for pennies on the dollar and then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can come up with.
According to Resurgent Capital Services, L.P., it is a
manager and servicer of domestic and international consumer debt portfolios for credit grantors and debt buyers.
Resurgent Capital Services, L.P. claims to prize
integrity and an engaged, energetic quest for excellence in its business dealings with [its] customers, business partners and fellow associates.
Resurgent Capital Services, L.P. regularly makes debt collection phone calls from (800)-365-7107 and (888) 665-0374. Â Resurgent Capital Services, L.P. is located at:
P.O. Box 10826
Greenville, SC 29603-0826
Resurgent Capital Services, L.P. claims to be
committed to treating all consumers with respect, fairness, and honesty and that its employees are well trained in government standards and regulations regarding debt-collection practices, credit reporting, and privacy protection.
However, Resurgent Capital Services, L.P. is a notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.
THE PROBLEM WITH RESURGENT CAPITAL SERVICES, L.P. :
To Resurgent Capital Services, L.P., you the consumer are no more than an entry on a spreadsheet, you are data. Unfortunately for Resurgent Capital Services, L.P., entries on spreadsheets are not enough to win against you in court.
In a debt collection lawsuit, Resurgent Capital Services, L.P. always has the burden to prove that the consumer is responsible for the debt. To meet this burden, Resurgent Capital Services, L.P. must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued. It is never the burden of the consumer to prove that he or she does not owe the debt.
To meet its burden, the proof submitted by the Resurgent Capital Services, L.P. must be based on “personal knowledgeâ€. Personal knowledge means that the person offering the evidence on behalf of Resurgent Capital Services, L.P. must be a witness to the event shown in a particular document. For example, if credit card bills are offered into evidence on behalf of Resurgent Capital Services, L.P., the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained. That person must have personal knowledge of the computer system and how it operates. If this person does not have such personal knowledge, the evidence is “hearsay†and it cannot be used.
Remember, to Resurgent Capital Services, L.P., you are just an entry on a spreadsheet. For this reason, Resurgent Capital Services, L.P. routinely lacks the evidence necessary to prove its case and beat you in court.
WHAT YOU SHOULD DO:
If you’ve been sued by Resurgent Capital Services, L.P. in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Resurgent Capital Services, L.P. in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like Resurgent Capital Services, L.P. to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt buyer like Resurgent Capital Services, L.P. violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com