Sued by Resurgent Capital Services in Florida?
Sued by Resurgent Capital Services in Florida?
Resurgent Capital Services is a debt collection company that, in most cases, collects on accounts owned by another company rather than debts it owns itself. If you have been contacted or sued in connection with Resurgent Capital Services in Florida, one of the most important questions is simple: who actually owns the debt? You have only a short time to respond, and that ownership question is often where a strong defense begins.
Who Is Resurgent Capital Services?
Resurgent Capital Services, L.P. is a debt-servicing and collection company that manages and collects on charged-off consumer accounts — typically credit cards and personal loans. In many cases, Resurgent does not own the debt it collects; instead, it services accounts owned by affiliated debt buyers, most commonly LVNV Funding, LLC. The original debt frequently traces back to a bank or card issuer such as Capital One, Synchrony Bank, or Credit One before it was purchased. Because Resurgent and LVNV are related entities, a lawsuit you associate with “Resurgent” may actually be brought in the name of LVNV as the owner of the account.
What to Do if You Are Sued in Florida
Respond on time. In Florida, you generally have only 20 days after being served to file a written response with the court. Ignoring the lawsuit allows the plaintiff to obtain a default judgment and pursue wage garnishment or bank account levies.
- Do not ignore the lawsuit. The 20-day deadline is strict; missing it usually results in an automatic default judgment.
- Identify who is actually suing you. Confirm whether the named plaintiff is Resurgent, LVNV Funding, or another entity — and whether they can prove they own the account.
- Consult a debt defense attorney before responding. An attorney can assess the ownership and documentation and advise whether to contest, settle, or consider Chapter 7 or Chapter 13 bankruptcy.
Key Defenses Against a Resurgent / LVNV Lawsuit
Cases involving a third-party servicer and debt buyer often turn on ownership and documentation. Several defenses may apply.
Standing and Proof of Ownership (Chain of Title)
The party suing you must prove it actually owns your specific debt. That requires a complete “chain of title” — documents tracing every assignment of the account from the original creditor to the current owner. Where a servicer such as Resurgent is involved, it is also important that the lawsuit correctly identifies the real owner of the account. Gaps or inconsistencies here can defeat the claim.
Statute of Limitations
Florida’s statute of limitations on a written contract such as a credit card account is five years, generally measured from the last payment. Because these accounts are often old by the time they are sold and placed for collection, a time-barred lawsuit may be subject to dismissal.
Inaccurate or Incomplete Records
The party suing must prove the exact amount owed with admissible records. When the original signed agreement and a complete account history are missing, the case can be challenged.
FDCPA and FCRA Counterclaims
Debt buyers and the companies that service their accounts are debt collectors under federal law. If improper collection tactics were used, or if inaccurate information was reported about you to the credit bureaus, you may have counterclaims under the Fair Debt Collection Practices Act (FDCPA) or the Fair Credit Reporting Act (FCRA).
Frequently Asked Questions
Is Resurgent the same as LVNV Funding?
They are related but distinct. LVNV Funding, LLC is typically the company that owns the purchased debt, while Resurgent Capital Services manages and collects on it. Because of this relationship, it is important to confirm which entity is actually named as the plaintiff in your lawsuit and whether it can prove ownership.
Can they garnish my wages in Florida?
Only after obtaining a court judgment. If the plaintiff wins — including by default because you did not respond — it can seek a writ of garnishment. Responding within the 20-day deadline is what prevents a default judgment, and Florida law provides exemptions an attorney can help you assert.
Where can I see complaints about Resurgent Capital Services?
Consumers can review complaints filed against Resurgent Capital Services through the Consumer Financial Protection Bureau’s public consumer complaint database. If you believe your FDCPA or FCRA rights were violated, an attorney can evaluate whether you have a claim.
Get Help Today
If you have been sued in connection with Resurgent Capital Services or LVNV Funding in Florida, the worst thing to do is nothing. At Ziegler Diamond Law, we defend Florida consumers against debt buyer lawsuits and know how to test whether the company can prove it owns your debt. Contact us for a free consultation. Call (727) 538-4188 or reach out online.