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How To Deal With Resurgent Capital Services

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In a Nutshell

Resurgent Capital Services is a legitimate debt collection agency that collects past-due credit card bills, medical bills, and other consumer debt. The first thing you should do if Resurgent contacts you is verify the amount of the alleged debt and that it actually belongs to you. After confirming the debt is yours, you can choose how to address the situation. If you disagree with any details of the debt, you can dispute it. If you agree that you owe it, you can pay it in full or try to negotiate a debt settlement to pay a reduced portion of the debt.

Written by Jonathan Petts
Updated August 21, 2024


What Is Resurgent Capital Services?

Resurgent Capital Services is a debt collection agency that collects consumer debt like credit card debt, medical debt, student loan debt, and more. Resurgent works with LVNV Funding LLC, a well-known debt buyer. Resurgent is based in Greenville, South Carolina, but they collect on debt accounts from across the U.S.

Here is Resurgent Capital Services contact information: 

Why Is Resurgent Capital Services Contacting Me?

If Resurgent Capital Services contacts you, they probably bought your debt from a lender or another company (like a healthcare company). They’re likely contacting you to try to collect on the past-due account. If Resurgent owns your debt, you will need to work with them to resolve your debt account rather than the original creditor or company you incurred the debt with.

You might be wondering how a debt collector got your debt in the first place. When you fall behind on your payments, your original creditor (credit card company, utility provider, etc) will send written notices and call you to try to collect the past-due payment.

If you ignore these attempts, they may charge off or transfer your debt to a debt collector, such as Resurgent Capital Services. Resurgent then creates a collections account for your debt and assumes responsibility for the collection of your debt.

Is Resurgent Capital Services Legit?

Resurgent Capital Services is a legitimate company. However, several consumers have filed complaints against them, according to the Better Business Bureau (BBB) and the Consumer Financial Protection Bureau (CFPB). 

Though they are accredited with the BBB and have an A+ rating, their customers rate them 1.93-stars (out of 5) on the BBB website. Consumers have lodged over 270 complaints against Resurgent to the Better Business Bureau in the past three years. Multiple consumers claim Resurgent has attempted to collect a debt that they didn’t even owe.* 

The Fair Debt Collection Practices Act is a federal law that protects consumers from harmful and unlawful behavior from third-party debt collectors and collection agencies.Trying to collect on a debt a person doesn’t owe is a common FDCPA violation. If you think a debt collector has violated your rights, you can report them to the CFPB and even sue them

*Note to reader: These reviews and complaints highlight relevant issues but may not represent all consumers’ experiences.

How Do I Know if I’m Being Scammed?

While Resurgent is a legitimate company, scammers may use their name or the names of other legitimate collection agencies to try to con you. If someone claiming to be a debt collector requests sensitive information from you, like your bank account or Social Security number, this is a red flag. Learn how to spot scammers in our guide on the 8 Red Flags of Debt Collector Scams.

You protect yourself from scams by verifying your debt information with the debt collector (more details below). If you suspect you are dealing with a scammer, you can report them to the Federal Trade Commission (FTC), a government agency dedicated to preserving consumer rights.

Do I Have To Pay Resurgent Capital Services?

You may have to, but first you need to verify that the debt is real and yours. Since debt collectors often buy debts in large quantities from multiple creditors, account information can get mixed up. This is why it’s important to ask the debt collector to verify:

  • That you’re the account holder on the debt

  • That the debt collector owns the debt account

  • The debt amount   

The best way to verify this information and protect your rights is with a debt verification letter.

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Step 1: Send a Debt Verification Letter

If you haven’t gotten a debt validation letter from Resurgent, request one. Debt collection companies like Resurgent are required to send a debt validation notice before or within the first five days of their initial contact. This letter should include the basic details of the debt account and notify you of your right to dispute the debt within 30 days.

If you need more information, you can send Resurgent a debt verification letter. If the debt collector can successfully verify your debt, you need to decide what your next move is. 

Debt Validation Vs. Debt Verification Letters

Step 2: Decide What To Do Next

If your debt is valid, what’s your next move? You have three main options: 

  • Dispute the debt if you disagree with it

  • Pay the debt in full

  • Negotiate a debt settlement to pay less than you owe if you can’t afford to pay the debt in full

  • Ignore the debt (while this is technically an option, this is not recommended

Option 1: Dispute the Debt

If you find any errors on your debt validation letter — like the debt amount or other incorrect info — you have the right to dispute the debt. Often, inaccuracies on your debt validation letter also show up on your credit report. This is why it’s important to also review your credit report and dispute any errors you find there, too. Doing so can help preserve or improve your credit score.

Under the Fair Credit Reporting Act (FCRA), you are entitled to receive a free credit report each week from each of the three major credit bureaus, Experian, Equifax, and TransUnion. The FCRA also guarantees your right to request that credit bureaus remove negative entries from your credit report. You can ask them to do this by writing a credit dispute letter, using Upsolve’s template.

Option 2: Negotiate the Debt and Make a Settlement Offer

If you’re like most people in debt, you don’t have a lot of extra money hanging around. If this sounds familiar, your best option may be to negotiate a debt settlement with Resurgent. With a debt settlement, you offer to pay less than the full amount you owe, so Resurgent can close the account and move on.

Collectors are usually open to negotiations and often accept settlements within 40% to 60% of the original amount owed. You may be able to negotiate a payment plan or figure out a lump-sum payment you can afford to resolve the debt fast. Read Upsolve’s Guide to Beating Resurgent Capital Services to learn more about negotiating a successful settlement.

Why would Resurgent be willing to take less? Debt collectors are typically open to negotiating because they usually buy debt accounts for a fraction of their total amount. This means they can usually make a profit even if you pay less than what you originally owed. Plus, the sooner you pay and they can close the account, the more they save in their collection effort.

Can You Negotiate Every Past-Due Debt?

No, you can’t negotiate every type of overdue debt. But it's generally an option for credit card debt, medical bills, personal loans, and payday loans — these are called consumer debts. If you owe past-due taxes, you can even negotiate with the IRS to get that debt down. 

However, debts from mortgages or car loans aren’t typically negotiable because they’re backed by collateral. This means if you don’t pay the loan, the lender can foreclose the home or repossess the car to make their money back. 

Federal student loans are also typically non-negotiable. If you’re having difficulty paying your student loans, check out student loan forgiveness options.

If a collector contacts you, your first instinct may be to ignore them due to the stress of the situation. This is completely understandable, but ignoring a debt collector is not a good idea

Ignoring debt collectors doesn’t make the debt disappear, and it can actually make things worse.

What Happens if I Ignore Resurgent Capital Services?

Ignoring a debt collector often creates more problems than it solves. It can harm your credit score, and may end up costing you more in the long run as interest and fees accumulate. 

Also, if the debt collector can’t get a hold of you, they may decide to sue you instead. If they win the case, they can get a court order to garnish your wages.

Avoiding the Resurgent Capital Services doesn't make them go away, or make the debt itself disappear. Collection agencies can continue efforts as long as the statute of limitations is in effect.

Bottom line: The best thing you can do for yourself is take action. Learn how to go up against Resurgent Capital Services, and handle the situation like a pro, in Upsolve’s Guide to Beating Resurgent Capital Services.

Can Resurgent Capital Services Sue Me?

Yes, Resurgent can sue you. It probably won’t be the first thing they do, but if you ignore their efforts to collect the debt you owe, they may file a debt collection lawsuit.

Debt collectors consider several when they’re deciding whether and when to sue you, including:

If you are sued, you’ll get a summons and a complaint. These are official court documents notifying you of the lawsuit and outlining the details of the case. These documents are typically handed to you or someone in your household, but they may be mailed to you, depending on your state’s laws. If Resurgent Capital sues you, you can fight back

If you're worried about responding on your own, but you can't afford a lawyer, you can draft a answer letter for free or a small fee using our partner SoloSuit. They've helped 234,000 people respond to debt lawsuits, and they have a 100% money-back guarantee.

Let’s Summarize…

Resurgent Capital Services is a legitimate agency that collects consumer debts. If Resurgent contacts you, the first thing you need to do is validate the debt. If the debt is valid and you agree that you owe it but you can’t afford to pay it off, try  negotiating a debt settlement. Staying in contact with Resurgent can help you avoid being sued.



Written By:

Jonathan Petts

LinkedIn

Jonathan Petts has over 10 years of experience in bankruptcy and is co-founder and CEO of Upsolve. Attorney Petts has an LLM in Bankruptcy from St. John's University, clerked for two federal bankruptcy judges, and worked at two top New York City law firms specializing in bankrupt... read more about Jonathan Petts

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