Specifically for Resurgent Capital Services collecting auto loan debt in Colorado Springs, CO
Step-by-step guide to filing FDCPA complaints with the CFPB, FTC, and your state attorney general. This guide is tailored to residents of Colorado Springs dealing with Resurgent Capital Services, one of the most-complained-about debt collectors for auto loan debt accounts. In Colorado, the statute of limitations is 6 years and wage garnishment is capped at 25% or amount exceeding 40x federal min wage.
6 years
Colorado SOL on Auto Loan Debt
$23,792
Average Auto Loan Debt
25% or amount exceeding 40x
Garnishment Limit
Resurgent Capital Services has a documented pattern of FDCPA violations. If any of these happen to you, document them immediately and file a CFPB complaint.
These steps apply directly to your situation as a Colorado Springs resident dealing with Resurgent Capital Services.
Common FDCPA violations: calling outside 8am-9pm hours, using profane language, threatening arrest, misrepresenting the debt amount, contacting your employer after being told to stop, or continuing collection after a written dispute.
Collect: call logs with dates and times, voicemail recordings, letters received, certified mail tracking numbers and green cards, and any written communication. The more documentation, the stronger your complaint.
Go to consumerfinance.gov/complaint. Choose 'Debt collection' as the category. Be specific about dates and violations. CFPB forwards complaints to the collector who must respond within 15 days. Collectors take CFPB complaints seriously.
Many states have their own debt collection laws with additional protections. Your state AG can take enforcement action. File at your state's AG consumer protection division website.
FDCPA allows you to sue in federal court within one year of the violation for $1,000 per violation plus actual damages plus attorney fees. Many consumer rights attorneys take these on contingency — you pay nothing upfront.
These strategies are specific to auto loan debt — the type of debt Resurgent Capital Services is collecting from Colorado Springs residents.
Colorado Fair Debt Collection Practices Act governs debt collection in Colorado. File complaints with: AG Consumer Protection.
In Colorado, wage garnishment is limited to 25% or amount exceeding 40x federal min wage. Income sources protected from garnishment include: Social Security, Workers' comp, Unemployment, Pension. Resurgent Capital Services must first obtain a court judgment before any garnishment can begin.
The statute of limitations for auto loan debt in Colorado is 6 years. After this period expires, Resurgent Capital Services cannot win a lawsuit on the debt if you raise the SOL as a defense in your Answer. Never ignore a lawsuit even on time-barred debt.
Known violations by Resurgent Capital Services include: Operating through subsidiary LVNV to obscure identity; Failing to properly validate purchased debts; Misrepresenting the original creditor. Document any violations immediately and file a complaint at consumerfinance.gov/complaint.
To dispute auto loan debt with Resurgent Capital Services: send a written validation request via certified mail within 30 days of first contact, demand the original creditor name, full chain of assignment, and original signed agreement. Start with: challenge deficiency balance after repossession.
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