June 2009    LVNV  Back in February 2008 LVNV sued me for a past debt. I went to the pre-trial conference and told the local counsel they hired that I wanted proof of the debt since they never attached any copies of anything from the account they were seeking damages for. So the judge set another pre-trial date for April 2008 to give them time to produce the necessary information. Went to pre-trial in April, they still don't have anything showing any type of proof at all and I again tell the judge that I want proof that the debt is mine. So the judge sets it for trial. In July 2008, I go to court for the trial and lo and behold, LVNV faxed a voluntary motion for dismissal at 4:55pm the afternoon before the trial date!

You have to fight them. They are the lowest of the low and will do anything to get what they think is theirs. They prey on average consumers knowing that most people are afraid and won't question them and pay what they tell them to pay. You must fight, the worst that will happen is that you will get a judge that doesn't have a clue as to how bad these people really are. But if more consumers fight back we can eventually take these guys down!

March 2009    Resurgent Capital Services, Northbrook,   I had Resurgence come after me with a summons i had never heard about or received. i went to court to fight it but they dropped a portion of it, i had to settle for the rest b/c i could not prove it was not mine and i could not get documentation from any company. they are currently garnishing my pay for this now. Can i still fight them? HELP! i will have to declare BR if i cannot get them to stop!

March 2009    Pinnacle Financial Group,   These people need to take some classes on how to speak to people I told them the original company that I owe this 35.00 to said they would write this debt off due to the fact that our home burned the day after I received the merchandise LTD commodities. The rep replied that is what home owner insurance is for or oh ya you probably didn't pay that either did you and too bad you received the merchandise and you need to pay this I again explained the agreement and the rep began to yell at me I asked for the mgr he also told me tough when I asked for John's name oh by the way I had to call back to get his name and Judy the reps name eh told me pay your bills and we wont call you. This company needs to be shut down i will be contacting LTD tomorrow. I am sure they have no QA dept and seems as if Judy and John are running this rinky dink collection rude rip off scam by themselves called them back 3 times got the same people each time.

January 2009    Resurgent Capital Services, Greenville,   I opened an account in 2005 with Old Navy in New York and made one purchase in order to get a 10% discount. I paid off the balance and late fee on line since I sent in the check a few days late, and later asked them to close the account! They never closed the account but kept it going until 2007 when the card expired and for some reason added charges to it. Apparently they then sold the account to Resurgent Capital Services which told me I owe then almost 300 dollars. I called this company, and asked them to send me any paperwork that shows me how this could be possible, which they said they would do. They also told me if I wanted to settle the debt they would give me a deal and take off about 90 dollars. I haven't received the paperwork yet, but this sounds like a scam and I have no idea how I could owe old navy almost 300 dollars on an account I only used once and then canceled.

January 2009  Well I beat these guys. Absolutely NO validation whatsoever was EVER sent, and this was on a fairly recent charge off (late 2007 or early 2008). They were, in fact, the first agency the charge off went to. If they can't be bothered to validate on such good `paper', the junk debt they buy is SURELY worthless.

People, know the FDCPA, know the FCRA, know the consumer agencies that can protect you, and know your rights. You read about it on bud's site and so many other places, USE IT.

January 2009  I received a letter from Resurgent Capital Services, 15 S. Main St., Greenville, SC on a Citibank account they claim to be collecting for LVNV Funding. There is nothing on ay of my credit reports so I called and the collector told me the last payment was made in April, 1999. Can they do anything to me in Texas on a account that old?

Here are their affiliated organizations, all of them are bottom feeders:
LVNV Funding, LLC,        DBA/ Resurgent Capital Services, LP        Dba/ Alegis Group, LLC
Aka/ Sherman Financial Group, LLC       Fka/ Sherman Acquisitions    Aka/Ventus Capital Services
Company Director Scott Silver has embarked on a program to collect old, stale out of statute debts from 10-12 years ago in an attempt to keep cash flowing into company coffers. Yours is a typical example of their apparent desperation to convert worthless paper into money. You do not legally owe this debt, they cannot access or place any information in your credit files, they cannot take any legal actions. Consumers are warned that this is a scam. Resurgent/LVNV paid pennies for these accounts, gambling that you would pay them, my advice is to save your money. These organizations have a long and sordid reputation for lies, false filing affidavits and bogus credit bureau placement of junk debts they bought for almost nothing. In this case, the statute in your state expired on this debt more than six years ago, however that does not stop the robots at Resurgent/LVNV from trying to get something they are not entitled to. American Consumers are tired of being ripped off by these free riders who think they have a right to monies for goods and services they never provided. You can bet that Scott Silver is living like a Wall Street banker from the blood money they take from unsophisticated consumers. Save your money, tell Resurgent/LVNV we are tired of their lies.

January 2009  I have a summons court date for judgment from LVNV Funding LLC Signed by Nicki Foster and notarized by Susan G Argentieri with a date of January 12, 2009. After reviewing your website, it appears that even if I go to court and talk about a settlement, I may not actually be paying the bad debt off and this might be a scam of some kind. Any suggestions on what I can do on my own or maybe another local attorney who has dealt with these folks? Your help is greatly appreciated

Susan G Argentieri is paid to lie about things she reads off a computer screen on debts purchased by LVNV Funding/Resurgent Capital. Susan will claim that she has first had knowledge of your account when in fact, she has no clue of anything. That's what LVNV/Resurgent does, they buy debts for pennies, then have employees like Susan G. Argentieri swear they are true, which is called perjury. I am putting you in contact with a consumer lawyer aware of the lies and fraud perpetrated by Susan and her employer so you won't become another victim of their scam.

December 2008  Wait until you see what happened with me, they are listed on my CR as creditor, they assigns the GE account to associated recovery, I send a letter of DV, no response, then the same account # came from resurgent collection with different amount, send letter of DV no response, than, again the same account come from Attorney Brachfled &associate, this time the amount less than the others with the same account #. I’m waiting a response from Attorney Brachfled &associate, this time, I’m filing a federal law suit against the LVNV funding, associate recovery, resurgent, and attorney Brachfled &associate. They are crock and they passing the account every time they have no response.

December 2008  Oh, where does one start with this company? I guess I will start by saying that don't give up your fight proving they have no legality in anything they do. I was hounded by this company for months. I did all the necessary paperwork with validation, and authority and they insistently continued to call me. Long story short, I got the BBB involved as well as the Attorney General of my state involved, the results were quite interesting.

I sent all my documentation (photo copies of course) to my attorney general and then he presented a case to them. They denied everything (you should read the response they sent to the Attorney General) and stated that they returned the case back to the original creditor. (Funny...they never stated who it was...my guess they don't have a clue). I also found it funny that the account they were supposedly collecting on was not the same one they had listed on my credit report. It was a case from 14 years ago.  My advice, document everything!!! Even if it seems trivial, document it. After fighting with these people I feel like I am a paralegal in training.  Good Luck

December 2008  LVNV Funding is a backstabbing, lying, junk buyer, who buys debt that creditors have written off. They are NOT creditors. They break Federal Laws concerning the FCA, FDCAP, FCBA, & Contract Law.  WAKE UP AMERICA --- Fight back with the Federal Laws made to protect consumers. The sooner a major Class Action Lawsuit around the amount of $185,000,000 is filed against this company & help from the state attorney generals & FTC, the sooner they will be gone.

October 2008  While I have no problem believing that they purchase junk debt portfolios, they do purchase recent charge offs as well. However they still report to all three credit bureaus in completely inaccurate and illegal manners. If you get a dunning letter from them, or they show up on your credit report, DO NOT IGNORE IT. ALWAYS send a response via certified mail, return receipt requested disputing the validity of the alleged debt and outlining their violations of the FCRA/FDCPA. Send it to LVNV as well as Resurgent or whoever else they may outsource it to. Once you have your green cards back, dispute every single inaccurate aspect of their reporting to all three credit bureaus.

They report as a factoring account, they are not. They report the debt as an installment account, it is not. They report a past due higher than the high balance, a mathematical impossibility. Nearly every aspect of their reporting is inaccurate, and a violation of the FCRA as well as the FDCPA. Whether or not the debt is valid should be your secondary issue, the egregious violations under federal laws should be made the central focus of any and all communication with them.

October 2008  Ok I got a call from Resurgent and they called my house my 7 year old nephew picket up the phone and the agent told him that if your uncle does not pay his bills that he would be raped in jail. And then she said that’s ware bad people that don’t pay there debt go. So I called them back and seed that was out of line she told me that I was scum and she would have a hit out on me if I don’t pay. My word these people are monsters

September 2008  RJM Acquisitions  About a month ago, I received a letter from RJM referencing their purchase of an old Chase Bank Visa account from the mid-eighties, and a new letter just arrived a few days ago chasing me again. They claim I owe them $11,002, an amount which had been discharged in a bankruptcy filing by my ex-wife and I more than 20 years ago. The account does not appear on any of my credit reports. This would be laughable if it weren't so insidious. I'm 67 on a fixed income and thankfully living rather decently in my retirement. At first I panicked, but fortunately realized the scam, and have chosen to ignore their collection attempts. But I can see how panicked others in my age group might be to receive such a "notice". The laughable side to all this are the ludicrous "four opportunities" to settle the supposed debt. My favorite is the last one: send them $20 a month until the balance due of $11,002 is paid. While I actually could afford the $20 a month, simple math told me that, by the time this "debt" was cleared up, I'D BE A MONTH AWAY FROM CELEBRATING MY 113th BIRTHDAY! Shame on them

August 2008  RJM Acquisitions  I keep getting letters from this company but only to my parents home where I have not lived for 12 years and in my maiden name. I satisfied my bill through the original account and closed it, however these people have stated they are the new creditor and have 3 convenient options for me to pay. WHAT THE?????!!

August 2008  Anyone being sued by LVNV Funding, LLC that contain an affidavit signed by 'DONDREA ROBINSON' is advised that she is no longer employed by LVNV Funding. Those affidavits may not stand if they are challenged in court.

August 2008  I just wanted to give people a head's up about this company. They somehow acquired my cell phone number and have been ringing it off the hook. This lovely event has taken place religiously now for about 3 months. I was waiting anxiously by the mail so that they would send me paperwork to accompany this so called debt they acquired. Well, the day finally came. I finally got paperwork and along with that paperwork came something that they claim is a validation of a debt. Yes, it has an account number on it, yes it states who the original creditor was however it does not state the original purchase date, nor does it have an address for the original creditor. This sounds pretty fishy to me. I am sending out a validation letter as well as a cease and desist order today. What happens, happens. I just wanted to let others know that they are just bugging you to death and then following up with these bogus validation letters.

August 2008  Before dealing with these ppl, KNOW YOUR RIGHTS. What they do is skate around the FDCRA by claiming they are the OC of the account. They send their pond scum after you in their behalf. Make them prove that they are the OC, (Mrs. moon will not cut it. They report on ppl's accounts as "factoring accounts" which proves they were sold the account. Make sure you know what a Factoring account is. I have got them off of my CR, and the other two to follow.

August 2008  Be careful of this junk debt collector, they bought some very old First USA accounts, most are already out of statute, sent them out to Lawrence Hecker. Make them validate, there are not any documents to back up their claim. Hecker will threaten lawsuits. These debts are too old to collect. They also operate under Fourscore Resource Capital, it's the same as Pinnacle.

July 2008       RUBIN & ROTHMAN, LLC   attorneys at law   1787 VETERANS HIGHWAY SUITE 32
po box 9003   ISLANDIA, NY 11749    TEL 631-234-1500 / 631-272-9800 OR 1-800-298-6058
FAX 631-234-1138      NEW JERSEY OFFICE    190 NORTH AVE EAST  PO BOX 8   CRANFORD, NJ 07016

TEL 908-931-0017   FAX 908-931-0660

July 2008  As the economy becomes more challenging for everyone, those who least deserve money, such as the managers, lawyers, or supervisors at LVNV funding, which is really Resurgent Capital of Greenville, SC, shall have their deeds brought to light for many to see. As one who has seen the Resurgent/LVNV hardball tactics, such as placing inaccurate trade line info upon my and obviously thousands of others' consumer credit reports, I quickly realized that these outfits weren't going to be fair. That was the Resurgent/LVNV managers choice and intent. Their mantra of get these people to pay now, is not well received. If these individuals are not willing to take 5 minutes to give you something positive, in writing, that is truly of benefit to you, that is not mixed in deception, why in the world would I or anyone give them the time of day. As the managers, supervisors, and lawyers who affiliate themselves with Resurgent Capital/LVNV funding are doing and have done to others, may it be done unto them.

July 2008 I want to first of all thank you for educating me on the deceptive practices of these "buy it in bulk for pennies and sue them" debt collectors and how consumers can fight back these tactics that are being used through Small Claims Courts nationwide. Today I had my pre-trial conference. I was surprised to see that one attorney alone came in with suit for about 40 people who all had an appointment for the same time! Most of them did not even show up. During the time we had to try to work things out with the defendant's attorney, the attorney took each person in an assembly line format, calling them out one at a time. I saw people so intimidated and scared that they would do anything that the attorney demanded of them just to get them off their backs -- even if the debt was not even theirs! From what I saw in NONE of the cases did the attorney even attempt to provide any form of validation whatsoever to the defendant. The files the attorney had were so thin they could not possibly have any information other than a data sheet and maybe the court papers. Yet the attorney was making all kinds of demands from each of these defendants and was getting people to either pay in full whatever he demanded or by getting them into payment so high that most of them could not possibly pay this on a monthly basis without defaulting (which would automatically give the attorney the opportunity to file a judgment against the person and garnish their wages, take their property, etc.). With such a bad economy I could foresee some of these people loosing their houses and going through a great deal of hardship and trauma. While I have a high respect for small claims court and the judge that attended me and I think that this court is a huge benefit to the community because it helps people resolve their matters quickly and inexpensively, I believe these debt collectors are using our tax dollars to run a "legal" racketeering business and are getting away with it mostly because people do not know their rights as consumers. You were right about what you said about these debt collectors. They use the courtroom to intimidate people into paying them big bucks. What they are doing is so wrong and needs to be exposed!

June 2008 they have changed the wording on their affidavits and DONDRES ROBINSON IS THE AUTHORIZED REP BUT STILL out of Greenville with SUSAN G. ARGENTIERI THE NOTARY

June 2008 here's some more useful info on LVNV Funding and the Sherman Financial group;

 From Comments made to the FTC on Proposed FCRA Dispute Regulations by  Resurgent;

 "Background on Resurgent: Resurgent is a servicer of distressed consumer debt and reports information related to those debts to the consumer reporting agencies as requested by the debt purchaser. Account updates are submitted to the three national credit reporting agencies (CRAs) on a monthly basis. Because of the status of the accounts serviced, reporting is conducted as a factoring company in accordance with the rules outlined by the Consumer Data Industry Association (CDIA) an interpretations offered by the major credit reporting agencies. "

 A Factoring Company, My A__, LVNV Funding is considered a debt collector under the purview of the FDCPA; Federal courts have concluded that a person purchasing a debt after default and whose principal activity was the collection of debt was a debt collector within the purview of the FDCPA. See, for example, Kimber v. Federal Financial Corp., 668 F. Supp. 1480

Background on Sherman Financial Group; Sherman Financial Group started  by Tony Ettinger, owns a wide list of subsidiaries and after being  registered as a corporation in many states, has become a Delaware corporation. It is an integrated company that purchases, services, resells and secures distressed and performing debt, including, but not limited to, credit card receivables, telecommunications receivables,
 student loans, mortgage deficiencies and all types of bankruptcy debt.

Sherman is a company engaged in purchasing and servicing receivable portfolios acquired at a discount, and originating and servicing  credit card receivables. The company consists of numerous asset holding and operating entities throughout the United States and in  Mexico City, Mexico.

The director of Sherman Financial is Scott Silver and he is listed as one of the managers of LVNV funding on the state of Nevada government  website in the corporation search. It also gives an address of 200  meeting St, STE
206 Charleston, SC, which is also the same address and suite # for  Sherman Capital Markets LLc, which Scott Silver is also a manager of.

Scott Silver is listed on an OCC filing when Sherman Financial Group purchased Marin Bank in California. Marin Bank subsequently moved to Las Vegas Nevada and changed its Name to Credit One Bank.

Credit One is one of the largest issuers of Visa credit cards in the United States and is a wholly owned subsidiary of Sherman. Credit One currently offers only unsecured Visa and MasterCard credit cards.  Credit One’s target market is (was) sub-prime borrowers who desire to either build or repair credit and ultimately become eligible for increased credit availability. Customer contact is made by telephone,  through the mail and via the Internet.

 Sherman paid Radian Group LLC $278 million for common and preferred shares of Sherman representing about 21 percent of the company.  Sherman paid MGIC Investment Corp. $240.8 million for common and preferred shares that represented about 16 percent of Sherman. (We’re talking publicly traded ( NYSE) mortgage insurers on sub-prime loans)

 Charleston, S.C.-based Sherman generated revenues of $1.05 billion in 2006, according to MGIC’s 2006 annual report filing with the SEC. Sherman contributed nearly $122 million to MGIC’s pretax income last  year, Michael Zimmerman, MGIC’s vice president of investor relations, told insideARM.com earlier this month.

1.05 Billion? How many consumers did they rip off to get that? The scale of this is unbelievable. How many times have they violated the  FDCPA, the FCRA & the FACTA to get this amount ?

Let’s see, mortgages, insurance, credit, debt collection, New York offices, three paper corporations in Delaware, banks in Las Vegas,  Brazil and Mexico. The CT Corporation system that they use as Registered Agents has offices in Reno, Nevada and is headquartered in Chicago. They report forgiven debts on 1009-C forms to the IRS, when  they have only paid pennies on the dollars; how do they report the profits? Structured to shield the higher ups form law enforcement.  Harrasment, illegal debt collection practices, extortion.  If this was the 1950’s, I’d say it was the Mob.
 

June 2008 Sherman Financial Group, LLC owns Credit One Bank, visa and mastercard. LVNV Funding, LLC is one of the many names of Sherman Financial Group, LLC. I have been looking into the addresses LVNV Funding LLC has listed with many state Corporation Divisions. In my state and many others, they have it listed as 625 Pilot Rd. suite 2 Las Vegas Nevada 89119.   585 and 625 Pilot road is owned by FKC Properties and this is what I have found.....

Hughes Airport Center Portfolio consists of two (2) single-tenant flex office buildings located in the Hughes Airport Center of Las Vegas, Nevada. 100% occupied by Credit One Bank, a national credit tenant, the two buildings are currently being used as office/call centers.

If you compare the dates that Credit One Bank moved into 585 & 625 Pilot Rd. it will match the date they changed their principle address with the corporations division.

So this just goes to show that LVNV Funding is hiding behind one of it's many names in an attempt to elude consumers.

April 2008   Just below this comment is my comment from March 2008 about how LVNV was forced to drop their suit against me because they were barred from petitioning for $2500 in small claims court in Houston, Texas. LVNV must be reading your board, Mr. Hibbs, because listen to this: I received a collection notice in today's mail; LVNV has hired Allied Interstate to collect on the very same matter which LVNV lost in court! No kidding! A collection agency hired a collection agency! This time around, they finally figured out that LVNV bought the debt from Sears and not from Citibank, since Sears is listed as the Original Creditor. I guess the goon that threatened me over Citibank will now have to change his script and threaten me over Sears instead. Additionally, the "amount due" has enough interest added so that LVNV now wants $3871! I see where this is going. The minute the amount due reaches $5000, Allied will be allowed to sue in a higher court -- on behalf of LVNV! Never say die, eh, LVNV? Can you believe the huevos on these guys? I can hardly wait to answer their "quantum meruit" this time! After all, they HAVE done some work, haven't they? Head scratching probably counts as work. I am laughing too hard to even research the laws anymore regarding credit collections and lawsuits. These people are simply loony! Greed will be their downfall, I assure you. I am going to explain the situation to Greg Abbott, the Texas State Attorney General, and send him the documentation of suits and harassment and now this! I will also send copies of that letter to the judges at the JP Courts -- as you say, Mr. Hibbs: "Educate the judges". After they laugh at LVNV's ploy, they'll probably be angry.

March 2008  This organization sued me in a Justice of the Peace court in Houston, Texas, seeking $2,500 in unpaid debts, plus attorney fees. I defended myself pro se (by myself). Basically, I won. They lost.

The Petition was a boilerplate pleading - the kind where you just fill in the blanks. Judges in Houston HATE boilerplate pleadings, and there are some local rules limiting their use. Also, these kinds of forms will have sentences in them that are not true for every case, and I found some of them, which right off the bat makes openings for significant defenses. The affidavit attached to the Petition was nothing more than somebody avowing that he was pretty darn sure that I owed $1800 plus accrued interest to Citibank. I had never seen that figure before and had not had any business with Citibank for, perhaps, the past ten years. I could not recall having seen any mail from LVNV, although their complaint claimed that letters had been sent. The Petition was signed by an attorney practicing in Arkansas, who had a very foreign-sounding name; African, perhaps. I looked him up in the Arkansas State Bar registry online; he had passed the bar barely a year ago, and had registered to practice law in Texas only a couple months prior.

Since I only had 20 days to file my Answer, I wrote up a general denial and then further denied having any knowledge at all of this debt or having received any notices relating to this debt or to this lawsuit. I attached a Request for Production to my Answer, which we can do in Texas courts, because I wanted the judge to see what proof I was asking for, if and when he read my Answer.

While waiting 30 days for the Plaintiff to respond to my discovery requests, several things happened. First off, a very obnoxious person began calling my husband on his work cell phone, threatening all sorts of malicious things if he did not pay Citibank the entire amount right away. My husband told the caller that nobody in our house owed anything at all to Citibank, and that it is against the law for the person to call him on his employer’s cell phone. That person then began calling our house phone, but we did not answer them. We DID take photographs of the numerous calls, though, as they were displayed on the Caller I.D.

I began to see that LVNV was going to fight dirty. I wanted to call the clerk at the JP court where the suit was filed and ask if I could get a restraining order against the caller. I found the court’s website online. There, on the home page, in text that could not be missed, were the rules for this court: according to Section 28.003, Texas Government Code, no assignee, money lender or collection agent could file suit in that court. I found Section 28.003 and read it thoroughly. LVNV filed their suit in the wrong court! Because the size of their claim was under $5000, they could not file their lawsuit in any court in Harris County, Texas. They were screwed!

I immediately filed an amended Answer, pointing out that LVNV was barred from filing this particular lawsuit in the JP Court. Then, I laid back and forgot about the whole thing. LVNV had been stopped in their tracks by their own inept lawyers.

Weeks later, LVNV’s discovery responses arrived and it turned out that they were actually suing on behalf of SEARS. Not Citibank. The affidavit attached to their Petition was not only useless, it was a lie, since it asserted that a record keeper had examined the history of the debt and swore that beyond a reasonable doubt I owed $2500 to Citibank.

LVNV also refused to name the amount of money they had paid for the account payable over which they were suing. If the suit had progressed normally, I would have called for a hearing on their objection to producing the bill of sale or the assignment. Their real loss probably amounted to a hundred dollars plus the filing fee of $30, not the $2500 they were asking for.

I never got my day in court, though, because LVNV was forced to cease prosecution of their suit against me. After a year’s time of no activity at all on the suit, the court demanded that LVNV submit an order of dismissal for the judge to sign. That order is on file.

March 2008  I'll try to be brief. I had a Sears account I opened in 1992-3. In Nov, 2004 I became disabled and in May 2005 started receiving SSDI. My wife also receives SSDI. I informed Sears that I couldn't pay on the account. A short time after The account was converted to a Citi-Sears account. I informed Citibank of my lack of funds. In Oct. 2005 I received a bill from Ventus Capital Services, LP. It stated that they were collecting the debt for LVNV Funding. Within a month (I think) I received a letter from LVNV stating they were collecting on the debt owed to the Citi-Sears account. I explained to them my financial situation. During this time I was receiving a constant barrage of phone calls, mostly rude and threatening, from Ventus and LVNV. In May 2007 I received a notice of intent to sue from Wolpoff & Abramson on behalf of LVNV. I called them and repeated what I had told everyone else. In July we were forced to move (landlord lost the property in foreclosure). We moved in with my son and his wife to cut expenses. On Sept 10th, 2007 my account was frozen. I contacted Wolpoff & Abramson, and was told if I could have the bank fax them the last 3 months of my bank statement proving receipt of SSDI for my wife and I they would re-evaluate their position. Things got confused and the bank and the law firm screwed up and I finally contacted my congresswoman and the account was released. Since then I have been contacted by Rubin & Rothman, LLC, and a company called DRS Bonding. Both claim to be the only entity involved with the LVNV account!

budhibbs.com