Debt collectors
LVNV Funding and Resurgent Capital Services
LVNV Funding owns the account; Resurgent Capital Services writes, calls and takes the payments. This guide sorts out which company does what, how Resurgent reports to the credit bureaus, and what happens when LVNV sues.
Who are LVNV Funding and Resurgent Capital Services?
LVNV Funding is a debt buyer. When a lender charges off an account and sells it, LVNV becomes the new owner (LVNV Funding company site, opens in a new tab). It does not usually contact you itself.
Resurgent Capital Services does. It calls itself a servicer of accounts (Resurgent company site, opens in a new tab) for buyers of charged-off debt: it writes, calls, takes payments and reports to the credit bureaus. Both sit in the Resurgent family of companies (Resurgent company site, opens in a new tab), with buyers such as CACH and Resurgent Receivables.
Are LVNV Funding and Resurgent legit, or is this a scam?
Both are real companies. LVNV lists its California and Maryland licenses (LVNV Funding company site, opens in a new tab) and calls Resurgent a licensed debt collector. Resurgent warns of scams aimed at collection accounts (Resurgent company site, opens in a new tab), so check any message yourself.
In 2012 LVNV and Resurgent settled with a Maryland licensing regulator, paying a $1 million penalty (Maryland State Collection Agency Licensing Board (copy hosted by NCLC), opens in a new tab) and dismissing 3,564 pending court cases. We found no CFPB enforcement action against either company.
Why is LVNV Funding or Resurgent contacting you?
Usually because an account you once had, often a credit card, store card or loan, went unpaid and was sold. You never borrowed from LVNV, but the right to collect passed to it with the sale.
The credit report shows the owner, not the servicer. Resurgent explains that the tradeline carries the account owner's name (Resurgent company site, opens in a new tab), so you may see LVNV (or Resurgent Receivables) on your report while Resurgent writes to you.
What are your rights when LVNV or Resurgent contacts you?
The federal rules follow the servicer. Every Resurgent message states it is from a debt collector (Resurgent company site, opens in a new tab), which brings in the Fair Debt Collection Practices Act and Regulation F, and the same limits bind any agency partner it uses.
- A written dispute inside the 30-day window halts collection until Resurgent verifies the debt (15 U.S.C. 1692g (Cornell LII, opens in a new tab)).
- Resurgent itself says licensed collectors will not threaten arrest, jail or harm (Resurgent company site, opens in a new tab); calls are generally limited to 8 a.m. to 9 p.m.
- A written request can end the calls and letters, though the debt remains and LVNV could still sue (15 U.S.C. 1692c (Cornell LII, opens in a new tab)).
Should you pay LVNV Funding?
Check, then choose. An LVNV account has been sold at least once, so confirm it is yours, that the balance matches your records and that your state's time limit has not run. A letter left unanswered can lead to a lawsuit.
- First
Ask for validation
Dispute in writing within 30 days. Resurgent says it answers a written request by mail with an account summary or other documents (Resurgent company site, opens in a new tab).
- Then
Find the last payment
The CFPB says most limits fall between three and six years (CFPB, opens in a new tab); in some states a payment restarts them.
- Then
Choose a route
If the debt checks out and is recent, pay it, settle it or set up a plan. If not, see a lawyer before paying.
Your decision
What if LVNV Funding sues you?
LVNV does sue. A Maryland appeals court noted that Resurgent typically files an action in court (Maryland Court of Special Appeals, opens in a new tab) on debts LVNV owns.
In that 2017 class action, the court upheld a jury's finding that LVNV broke Maryland collection law by collecting on judgments won while it was unlicensed. It also vacated the damages award and sent the case back for a new trial on damages.
How often does LVNV show up to court? No figure is published. Across all collectors, Pew found more than 70 percent (The Pew Charitable Trusts, opens in a new tab) of debt suits end in a default judgment, entered when the person sued does not respond.
- Note the response date on the summons and file by it, on your own or through a lawyer (CFPB (CFPB, opens in a new tab)).
- Compare the amount and the account's age with your own records before you answer.
- Ask legal aid or a lawyer referral service for help early (CFPB (CFPB, opens in a new tab)).
A settlement conversation with Resurgent does not pause the case. Unless the court acts or a written agreement is filed, the deadline stands.
Can you settle an LVNV Funding account for less?
Often, yes. Resurgent's own site says it may be able to help you resolve your debt (Resurgent company site, opens in a new tab) for less than you owe. How much less depends on the account, and nothing is certain.
- Ask Resurgent to put the offer in writing first.
- Check that it says the payment resolves the LVNV account in full.
- If LVNV has sued, make sure the agreement says what happens to the case.
- Pay by a method you control and keep the receipt.
Will LVNV or Resurgent agree to pay for delete?
The CFPB's baseline: accurate negative items generally stay (CFPB, opens in a new tab) on your report, most for seven years. Resurgent states its own policy instead, in its FAQ (Resurgent company site, opens in a new tab):
- No reporting for at least 45 days after LVNV or another client buys the account.
- Paid or settled in full before reporting starts: it will not report the account.
- Paid or settled in full after reporting starts: it sends the bureaus a delete request.
- Its entry goes no later than seven years after first delinquency; the original creditor's entry is not its to change.
Resurgent says these practices may not apply to accounts it manages for certain clients, so ask for any credit reporting promise in writing.
What would Clear Financial do with an LVNV account?
If your unsecured debts reach $10,000 or more in total, an LVNV Funding account can go into the program with the rest. We would first ask Resurgent to validate the debt, then negotiate with Resurgent as LVNV's servicer. You approve any settlement before money is paid1.
If LVNV has already sued you, speak to an attorney about the case. We do not give legal advice, and a settlement does not end a lawsuit on its own.
Things you should know
The downsides, stated plainly.
Read these before you enroll anywhere, including with us. They apply to every debt settlement program.
- Your credit score will drop during the program, and late payments stay on your credit report.
- Creditors may keep collecting while you save, and they can sue. The program does not stop legal action.
- Interest and late fees can keep adding to your balances until each account settles.
- Forgiven debt may be taxable income. A creditor may send you IRS Form 1099-C.
- Fees apply. The fee is 20 to 29% of your enrolled debt, depending on your situation and how you enroll, charged only after a settlement is agreed and the first payment to the creditor is made.
- Not all creditors agree to settle, and not everyone completes the program.
- We do not guarantee any amount, percentage or timeline.
- Debt settlement is not available in all states. We are not a nonprofit or a credit counseling service, and we do not lend money.
- We do not give legal or tax advice. Talk to an attorney or a tax professional about your situation.
Notes on the figures and claims above
- 1Whether an account settles, and for how much, depends on the collector and the account. Not all debts settle. A settled account is reported as settled for less than the full balance, and forgiven debt may be taxable. Fees apply to accounts settled through our program.
Straight answers
LVNV Funding and Resurgent, straight answers.
Rather hear it from a person? 866-659-7966
Is Resurgent the same as LVNV Funding?
No. LVNV Funding owns the account; Resurgent Capital Services, in the same group, services it for LVNV and other buyers. Resurgent sends the letters and takes payments, while the credit report shows the owner's name.
Is LVNV Funding legit?
Yes. It is a licensed debt buyer whose accounts are managed by Resurgent Capital Services, a licensed debt collector. Verify any message through Resurgent's own phone number.
Can LVNV Funding sue me?
It can, on a valid debt that is still inside your state's time limit, and suits are often filed in LVNV's name. If you are served, answer by the court deadline and contact a lawyer or legal aid.
Will LVNV settle for less than I owe?
Resurgent says it may be able to help you resolve a debt for less than you owe, but nothing is guaranteed. Check the debt's age first and get the terms in writing.
Does LVNV do pay for delete?
Resurgent's stated policy is to request deletion once an account it already reports is paid or settled in full. The original creditor's entry may remain, and the bureaus control the timing.
Sources
Where the facts on this page come from. Each link opens the original in a new tab.
- 01 LVNV Funding company site Learn more about LVNV Funding: charged-off accounts, the new owner and Resurgent (opens in a new tab)
- 02 Resurgent company site Resurgent Capital Services: contact details and debt collector notice (opens in a new tab)
- 03 Resurgent company site Resurgent FAQs: who Resurgent is, credit reporting, verification (opens in a new tab)
- 04 Resurgent company site Debt collection scams and frauds (opens in a new tab)
- 05 Resurgent company site Affiliate Certifications: the Resurgent family of companies, including LVNV Funding (opens in a new tab)
- 06 Maryland State Collection Agency Licensing Board (copy hosted by NCLC) Settlement Agreement with LVNV Funding LLC and Resurgent Capital Services LP, June 2012 (opens in a new tab)
- 07 Maryland Court of Special Appeals LVNV Funding, LLC v. Finch, No. 1075, Sept. Term 2016 (unreported opinion, Dec. 14, 2017) (opens in a new tab)
- 08 The Pew Charitable Trusts How debt collectors are transforming the business of state courts (May 6, 2020) (opens in a new tab)
- 09 Cornell LII 15 U.S. Code 1692c: communication rules (8 a.m. to 9 p.m., represented consumers, third parties) and 1692c(c), a written request that a debt collector stop communicating (opens in a new tab)
- 10 Cornell LII 15 U.S. Code 1692g: Validation of debts (opens in a new tab)
- 11 CFPB What should I do if I’m sued by a debt collector or creditor? (opens in a new tab)
- 12 CFPB How do I find a lawyer to help me with a creditor or collector? (opens in a new tab)
Next step
Several accounts in collections?
Choose your state for an illustrative estimate that covers all your unsecured debt and includes the fee. Nothing gets signed without your yes.
Four short steps
Your estimate first. Contact details last.
- 1How much you owea close guess is fine
- 2What kinds of debtpick all that apply
- 3Which state you live inchecked before anything else
- 4Your estimate, then a real person if you want one