ELL635

Being sued by Resurgence Legal Group

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Hi everyone,

I am hoping someone can help me please as I am desperate. On May 11, 2021 I received a letter from resurgence legal group stating that they intend to sue. I contacted them and ask why they wanted to sue . They stated it is for a Credit Card that I opened in 2015. I honestly have no recollection of the card and checked all three of my credit reports and its not there . When I contacted them I ask for validity of the debt , On May 25 they sent me a packet with some credit card statements for court and a sort of contract that stated they bought the debt and now it is own my unifund. However, they didn't give me much time to reply to this because they file the law suit on May 18th . I don't even remember when i got serve because the person that serve me just handed me an envelope without saying anything. I called resurgence to ask when i got serve and they state that they don't know . I ask if i can get a settlement or payment plan. The lady on the phone was super rude and said that i also had to pay extra $300 for court cost. The balance is $2,057 plus $300 in court cost. I obviously can't afford this and dont know what to do. I am a single mom, and lost my brother to a stroke a week ago, I am still grieving and now need to deal with this . Someone please help. The papers they sent it states that my last payment on the credit card was May 22, 2017 , so i think they file the law suit a few days before the statue of limitations. Please please help me.

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Who is the OC (original creditor)?   If they use Delaware law (and a number of them do), then the DE 3-year SOL has already passed.  Resurgence v. Chambers is the CA case law.

If that isn't an option, is there an arbitration clause in the OC's cardmember agreement?  That is the next best way to beat a JDB.

Finally, CA is a debtor-friendly state, in terms of fighting them in court. @RyanEX, any advice here?

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The timing of this is interesting. 

It appears they filed the suit before they validated the debt   

If you contacted them to validate the debt before they filed suit, they could be facing an FDCPA violation.  When you request debt validation in writing they have to stop collecting until they validate.  
 

Also, if you really don’t believe the account is yours, that gives you a very different strategy. 
 

Please give us more information 

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@nobk4me @BackFromTheDebt

 

The original creditor is Capital One Platinum Master Card ( At least that is what it says on the credit card statements they sent me). What is arbitration and how do i know if this is an option for me?

and yes they did sent me Validation on May 25  but file the law suit on May 18th. I requested validation over the phone though and don't know if that makes a difference.  I think the debt is mine but i am confuse because when i log into capital one and going back on my emails I use to have a capital one account but it says quick silver not platinum mastercard. But being that they sent me copies of the statements with my name I am assuming it is my debt. This debt according to them was open on Nov 30 2015 and last payment made on account was May 22, 2017 which i did check and looked at my bank statements and i am showing I made a payment on May 23, 2017. Should I file a response in court? and if i do, what do I put? Please help .

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6 minutes ago, ELL635 said:

The original creditor is Capital One Platinum Master Card ( At least that is what it says on the credit card statements they sent me). What is arbitration and how do i know if this is an option for me?

Based on your opening date of 2015 it isn't an option.  Cap1 removed arbitration from their card agreements over a decade ago.  It isn't an option on their accounts.

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I think Cap One uses Virginia law, where the SOL is also 3 years.  It would be best to check the cardmember agreement for any language on governing law.

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2 hours ago, nobk4me said:

I think Cap One uses Virginia law, where the SOL is also 3 years.  It would be best to check the cardmember agreement for any language on governing law.

That depends on if the state the debtor is in has a borrowing statute for foreign SOLs.  

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21 hours ago, BackFromTheDebt said:

That depends on if the state the debtor is in has a borrowing statute for foreign SOLs.  

California does, see Resurgence v. Chambers.

And, quoting from a post by @Bulldoger in another thread:

Virginia Code Title 8.01. Civil Remedies and Procedure § 8.01-246. Personal actions based on contracts

4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

Since I didn't sign the CC agreement it's 3 years. 

the law was change in 2013 they added the first bolded part to make it clear if the bank, JDB, didn't

have a signed contract it's three years. CC are considered "Open Contracts"  three years. 

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9 hours ago, nobk4me said:

California does, see Resurgence v. Chambers.

And, quoting from a post by @Bulldoger in another thread:

Virginia Code Title 8.01. Civil Remedies and Procedure § 8.01-246. Personal actions based on contracts

4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years.

Since I didn't sign the CC agreement it's 3 years. 

the law was change in 2013 they added the first bolded part to make it clear if the bank, JDB, didn't

have a signed contract it's three years. CC are considered "Open Contracts"  three years. 

@nobk4me where can I find out if my capital one contract states it is 3 years? I have until Monday to decide if I should submit my response or settle for payments  and don;t know what i should do. I definitely don't have 2400 to give them right away.

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8 hours ago, ELL635 said:

@nobk4me where can I find out if my capital one contract states it is 3 years? I have until Monday to decide if I should submit my response or settle for payments  and don;t know what i should do. I definitely don't have 2400 to give them right away.

Find where it’s written that it is governed by the laws of _____________(whatever state).  If it’s governed by the laws of Virginia, that’s what it will state.  Usually it will be close to the end of the agreement.  

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4 hours ago, BV80 said:

Find where it’s written that it is governed by the laws of _____________(whatever state).  If it’s governed by the laws of Virginia, that’s what it will state.  Usually it will be close to the end of the agreement.  

@nobk4me here is the credit card agreement capital-one has general one not one for Platinum specifically. But on bottom of page 5 first column is the governing law and they specify Virginia law.   

Capital One - Credit Card Agreement for Consumer Cards_as_of_march_2017.pdf

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 I have until Monday to decide if I should submit my response or settle for payments  and don;t know what i should do. I definitely don't have 2400 to give them right away.@ELL635

Is answer due on Monday? Don't settle for payment looks like you have a VERY GOOD DEFENSE.

check with @nobk4me but it appears you have a solid defense from what I read in Resurgence V Chambers and what was law in VA on May 2017. 

You you don't hear back from nobk4me by Monday you need to file and answer on Monday. FIle one stating the statutes of limitations have passed on debt in accordance with Resurgence Financial V. Chambers and Virginia law governing this credit card debt.  At minimum. 

If you have time you make and affidavit on the credit card agreement attached and/or va. statue stating it's the correct agreement/statute  at time of last payment.  

hopefully your answer deadline is not Monday. 

this is very important. You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open. 

You need to know when you were served. Call the court clerk or go online and see  if you were served on or before the 21st it may be to late. 

Resurgence Financial, LLC v. Chambers, ...e Div.pdf

801_231.pdf 801_235.pdf 801_246.pdf 801_229.pdf

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