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.

 

Any lawyer here that can help me please

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There are very few lawyers on this forum, and none can give you legal advice over the forum.  
 

You are getting close to the deadline. You need to act quickly. 
 

If you believe this account is not yours, you need to contact your local police department and file an identity theft complaint.  
 

Get a copy of the complaint ASAP

 

 Before the deadline for a reply, send in an answer to the court and the attorney that you are the victim of identity theft.  If you have a copy of the police report send in a copy. If not, note that you have reported it to the police and send it in as soon as possible. 
 

Only do this if you believe this is not your account.  Identity theft is a crime, and you should not have to pay for an account which is not yours.  OTOH, some companies wilL remove an account from a credit report before suing, so the CR means nothing.  
 

It is a crime to report ID theft if you believe this account really is yours.  

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@BackFromTheDebt The debt is mine  and I tried to make a settlement with with but they also want to include the court cost which i cant afford. I don't know what to do but based on what everyone is telling me I guess I have to find a way to pay them back including the court cost.Thank you. 

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1 hour ago, ELL635 said:

@BackFromTheDebt The debt is mine  and I tried to make a settlement with with but they also want to include the court cost which i cant afford. I don't know what to do but based on what everyone is telling me I guess I have to find a way to pay them back including the court cost.Thank you. 

Is there an arbitration provision in the card agreement?

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@BackFromTheDebt

Someone mention that i can't do arbitration because Capital One took it out from their agreement. I don;t think it is fair that i have to pay them court cost when they didnt allow me enough time to respond to the intent to sue. I have asked for validation over the phone. They mailed me copies of bill statement and a bill of sale of the debt, however before sending this they had already file the law suit . This did not give me enough time to review the papers and determine if i wanted payment plans before they file in court. 

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24 minutes ago, ELL635 said:

@BackFromTheDebt

Someone mention that i can't do arbitration because Capital One took it out from their agreement. I don;t think it is fair that i have to pay them court cost when they didnt allow me enough time to respond to the intent to sue. I have asked for validation over the phone. They mailed me copies of bill statement and a bill of sale of the debt, however before sending this they had already file the law suit . This did not give me enough time to review the papers and determine if i wanted payment plans before they file in court. 

They do not have to offer you a payment plant at all.  They do not have to wait to sue you either.  Fair has nothing to do with it.  It is legal.

If they agree to another payment plan you have to realize that it carries twice the risk for them since you already defaulted once.  Most likely if they do agree to a payment plan they will expect you to sign a consent judgment which means if you fail to make even one payment they do not have to sue you to collect.  They can file that judgment with the court and go straight to garnishment or levy.  There is no third chance.  Because they have already sued they will want the full amount including the court costs.  Make sure you know exactly what you are agreeing to before you sign or enter into it.

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8 minutes ago, Clydesmom said:

They do not have to offer you a payment plant at all.  They do not have to wait to sue you either.  Fair has nothing to do with it.  It is legal.

If they agree to another payment plan you have to realize that it carries twice the risk for them since you already defaulted once.  Most likely if they do agree to a payment plan they will expect you to sign a consent judgment which means if you fail to make even one payment they do not have to sue you to collect.  They can file that judgment with the court and go straight to garnishment or levy.  There is no third chance.  Because they have already sued they will want the full amount including the court costs.  Make sure you know exactly what you are agreeing to before you sign or enter into it.

Thank you , I will go ahead and make payment plans including with court cost since if i understand correctly they are being generous with me by even allowing me a payment plan. Thank you for your help and suggestion. 

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23 hours ago, ELL635 said:

Thank you , I will go ahead and make payment plans including with court cost since if i understand correctly they are being generous with me by even allowing me a payment plan. Thank you for your help and suggestion. 

Before you do that, please look at my reply in your other thread:

 

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On 6/17/2021 at 11:33 PM, ELL635 said:

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 .

this is very important. Generally, 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. May has 31 days so if your were served after on or before May 20th it's to late . 

Why do you have two post I thought I was posting on the thread that had your defence. 

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9 minutes ago, ELL635 said:

@Bulldoger Hi, sorry I am new here and don't have much experience writing on forums. I made a second post because didn't get much responses and needed help. Would you like me to delete one of them?

More important is now that you have a defense against this JDB. you need to see if you have time to file a answer. If you don't then you will get a default judgment it may be to late as it is. 

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3 hours ago, Bulldoger said:

this is very important. Generally, 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. May has 31 days so if your were served after  Monday is 21st . 

Why do you have two post I thought I was posting on the thread that had your defence. 

@Bulldoger sorry , i am new here and made to post because i was not getting much response as to what to do or any suggestions. I can delete the other post or this one if you would like? 

 

53 minutes ago, Bulldoger said:

More important is now that you have a defense against this JDB. you need to see if you have time to file a answer. If you don't then you will get a default judgment it may be to late as it is. 

@BulldogerI have until the 30th to file my response. I got served May 30th at 10:30am. But i want to file my response by Monday.  What would by defense be? I haven’t file an answer because i dont know what to put or how to reply. 

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4 minutes ago, ELL635 said:

@Bulldoger sorry , i am new here and made to post because i was not getting much response as to what to do or any suggestions. I can delete the other post or this one if you would like? 

 

@BulldogerI have until the 30th to file my response. I got served May 30th at 10:30am. But i want to file my response by Monday.  What would by defense be? I haven’t file an answer because i dont know what to put or how to reply. 

see your other post

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