resurgent debt collector text messages

Daniel Parker

2 min read

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28-02-2025

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Are you bombarded with text messages from Resurgent Debt Collection? This article explains your rights and how to handle these persistent messages. Resurgent, a major debt buyer, often acquires debts that are years old, leading to many disputes. Understanding your legal protections is crucial.

Understanding Resurgent Debt Collection Practices

Resurgent Capital Services is a large debt buyer known for aggressive collection tactics. They acquire delinquent debts from other companies and attempt to collect them. They often use text messages as a convenient, yet sometimes intrusive, method of contact.

What to Do When You Receive a Text from Resurgent

1. Verify the Debt: Don't automatically assume the debt is yours. The text message may contain inaccurate information. Request written validation of the debt. This is a crucial step under the Fair Debt Collection Practices Act (FDCPA). The written validation should detail the amount owed, to whom you owe it, and proof they own the debt.

2. Don't Respond Emotionally: Avoid engaging in heated exchanges via text. Keep all communication professional and in writing. Responding emotionally can be used against you.

3. Document Everything: Keep records of all text messages, emails, and phone calls from Resurgent. This documentation is vital if you need to dispute the debt or take legal action.

4. Negotiate or Dispute: If the debt is valid, explore options for negotiation. You might be able to settle for a lower amount or establish a payment plan. If you believe the debt is invalid, send a written dispute letter via certified mail.

5. Know Your Rights Under the FDCPA: The Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive debt collection practices. Resurgent must adhere to FDCPA guidelines. Repeated harassing texts, including threatening or profane language, violate this act.

6. Consider Legal Counsel: If you're overwhelmed or facing legal threats, consult a consumer attorney specializing in debt collection. They can advise you on your rights and represent you in legal matters.

How to Stop Resurgent Text Messages

Resurgent is legally required to cease contact if you request it in writing. Send a certified letter requesting they stop contacting you via text message. Keep a copy of the letter for your records. Sending a certified letter provides proof of delivery, which can be helpful in legal disputes.

Frequently Asked Questions (FAQs)

Q: Can Resurgent sue me for a debt?

A: Yes, if the debt is valid and they have exhausted other collection methods. However, they must follow legal procedures.

Q: What if the text message contains incorrect information?

A: Immediately dispute the debt in writing, providing evidence of inaccuracies.

Q: Is it illegal for Resurgent to text me?

A: No, it's not inherently illegal, but they must adhere to the FDCPA, including providing written validation and ceasing contact upon request.

Q: Can I block Resurgent's number?

A: Yes, you can block the number, but they may use a different number to contact you. A written request to stop all contact is more effective.

Conclusion

Dealing with Resurgent Debt Collection text messages can be stressful. However, by understanding your rights under the FDCPA, documenting all communication, and responding appropriately, you can protect yourself from abusive collection practices. Remember, you're not alone, and seeking legal advice when necessary is a smart step. Remember to always prioritize obtaining written validation of the debt and communicating in writing. This approach protects you and provides crucial documentation should you need to escalate the matter.