I received a letter from Resurgence Legal Group stating they have been retained by Main Street Acquisition Corp, as assignee of Wells Fargo Bank. It says that I need to respond within 30 days of the notice. I am unable to pay anything at this time. I was wondering what are my options? This debt is from a credit card that has been canceled maybe about 6 yrs ago. When does a debt like this supposed to drop off your credit report? And if it was supposed to be dropped off by now, is it legal for them to sue me? Or is there some kind of loop hole that they can sue? Please help.
Resurgence Legal Group is a Debt Buyer that I assume is related to Resurgence Capital Group (only a guess though) - They most likely purchased your debt. It is a complicated determination as to whether or not the debt is time barred (Meaning within the statue of limitations). With that said, it doesn't sounds like they have sued you. The 30 day notice in the letter you received is standard language that is required under the FDCPA called the Validation Notice. Unless you received a SUMMONS and a COMPLAINT no legal action has been filed against you. Before you are sued, assuming you will be, a law firm will probably contact you a few months from now after Resurgence has been unable to collect from you (unless what you are looking at IS the lawsuit. I would love to see the letter that they sent you. If Resurgence Legal Group is in fact a law firm, if they don't have attorneys licensed to practice law in California we might be able to turn the table on them. I have an attorney I work with in California who I am sure would be happy to help you at no charge. Feel free to reach out to me or another consumer advocate for more detailed help. By the way, Below this answer is a link that has more information about RSC.
I am an attorney licensed to practice law in Ohio and some Federal Courts throughout the United States. I am not answering your question to solicit you as a client and there is a good chance that I am not licensed to practice law in the state that you reside. I hope that you find my assistance beneficial and, at most, use my advise as a finger pointing in the right direction. An attorney client relationship is not established by posting back and forth online. One of the most beneficial aspects of working with an attorney is the attorney client privilege which does not exist when you post personal facts online to faceless strangers. Hire an attorney if you want specific legal advise. If you cannot afford one, call your local bar association or search "(your city) legal aid" online. The fact that you took the time to post your question online likely means that you could use the aid of an attorney. Call around your area and see if any local attorneys offer free consultations.
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An attorney would need more information to ascertain whether the debt is barred by the statute of limitations. I would suggest a vigorous defense by first filing an Answer to the Complaint, and then propounding extensive written discovery to ascertain whether or not the plaintiff has any evidence supporting the alleged debt. In many instances, a debt buyer will not have the necessary evidence to prove its case.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
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Debt Collection Attorney
If the communication that you received is a Summons, issued by a court, you need to file a responsive pleading with the court within 30 days.
If what you received was just a letter dunning you, you are under no legal obligation to respond. If you want to respond, tell them that you dispute their claim and request a copy of relevant documents, such as the original contract or agreement, account application, itemized statement of charges on the account and proof that Resurgent or Main Street is legally entitled to collect on this account.
I advise you to consult a lawyer to review your specific situation and the relevant documents and to give you specific advise.
Richard Scott Lysle
Lemon Law Attorney
Mr. Lysle is tops in this field. You should contact his office directly as this should be a "non issue" and depending on the exact circumstances, may even end up with the "bad guy" paying you money. Admittedly, this is a rare situation, but, it happens from time to time. Give him a call.
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