If your phone is ringing off the hook and your mailbox is full of letters from Resurgent Capital Services, you are likely stressed. We understand. No one wants to deal with a debt collector, especially when money is already tight.
But here is the good news: You have more power than you think. Resurgent Capital Services is a business, and like any business, they want to close deals. This means you can negotiate.
Whether you want to settle the debt for less than you owe or just need them to stop calling, you have options. This guide will show you exactly how to handle them, protect your rights, and move on with your life.
Need to respond to a lawsuit from Resurgent first? Create your court-approved Answer in 15 minutes with DebtAegis.
Who is Resurgent Capital Services?
Resurgent Capital Services (RCS) is a debt collection agency based in South Carolina. They specialize in purchasing “junk debt.”
Here is how it works: A credit card company or medical provider gives up on collecting a debt from you. They sell that account to a company like Resurgent for pennies on the dollar. Resurgent then tries to collect the full amount from you to make a profit.
They collect for many companies, including:
- Major banks and credit card issuers
- LVNV Funding, LLC
- Medical providers
Step 1: Don’t Pay Blindly. Validate the Debt.
Before you negotiate, you must make sure the debt is actually yours. Mistakes happen. Files get mixed up. You might be paying a debt you already paid—or one that isn’t even yours.
The Golden Rule: Never pay a debt collector until they prove you owe the money.
You have the right to send a Debt Validation Letter. This is a simple document that asks Resurgent to prove two things:
- They own the debt.
- The amount is correct.
You generally have 30 days from their first contact to send this letter. Once they receive it, they must stop collecting until they provide the proof. If they can’t prove it, they often walk away.
Step 2: Know Your Negotiation Leverage
If they validate the debt and you know you owe it, it is time to negotiate. Remember, they likely bought your debt for a fraction of its value (sometimes as low as 4 cents for every dollar). This gives you room to bargain.
Your Goal: Pay a lump sum that is lower than the total balance.
How to Negotiate a Settlement
- Be Honest About Hardship: Explain why you can’t pay the full amount. Did you lose a job? Have a medical emergency? Be human. If they know you genuinely have no money, they might take what they can get.
- Start Low: If you owe $1,000, do not offer $900. Start at 20% or 30%. They will counteroffer. Your target settlement might be around 40% to 60% of the total.
- Don’t Make Empty Threats: Do not threaten bankruptcy unless you mean it. Collectors hear this all the time.
- Get It in Writing: This is critical. Do not send a dime until they send you a written agreement stating that your payment satisfies the debt in full.
Step 3: What If They Sue You?
If you ignore their calls and letters for too long, Resurgent Capital Services may decide to file a lawsuit. If you receive a Summons and Complaint, do not panic.
However, you must act fast. If you do not file a formal legal response (called an “Answer”) within the court’s deadline, they can get a default judgment. A judgment allows them to garnish your wages or freeze your bank account.
How to Fight the Lawsuit
You do not need a lawyer to file an Answer. You just need to follow the court’s rules.
- Deny the Claims: Make them prove their case in court.
- Assert Affirmative Defenses: Is the debt too old (past the Statute of Limitations)? Is the amount wrong? These are legal defenses that can win your case.
- File on Time: Check your Summons for the deadline (usually 14 to 30 days).
Fighting back often forces them to settle. They would rather get some money from you now than spend money on lawyers to fight you in court.
Take Control of Your Financial Future
Dealing with Resurgent Capital Services is draining, but it is not the end of the world. Verify the debt. Negotiate hard. And if they sue, fight back.
You can handle this yourself, but you don’t have to do it alone. If you need to file an Answer to protect your wages and rights, we can help you build your defense quickly and correctly.