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Florida/Resurgent Capital Services/Rent & Lease Debt/How-To Guides/How to Deal with Debt Collectors
5 Steps · Florida Law

How to Deal with Debt Collectors

For Florida residents dealing with Resurgent Capital Services on rent & lease debt

A complete playbook for every collector interaction — from the first call to resolving the account — based on FDCPA rights. This guide applies the steps specifically to Florida's laws and Resurgent Capital Services's documented collection practices for rent & lease debt accounts. In Florida, the statute of limitations on rent & lease debt is 5 years and wage garnishment is limited to Head of household exempt.

5 years

Florida Statute of Limitations

$3,200

Average Rent & Lease Debt

Head of household exempt

Garnishment Limit

Known Resurgent Capital Services Violations

Resurgent Capital Services has a documented record of FDCPA violations. If any of these occur during your Florida collection dispute, document them and file immediately.

  • Operating through subsidiary LVNV to obscure identity
  • Failing to properly validate purchased debts
  • Misrepresenting the original creditor

How to Deal with Debt Collectors — Step by Step

Steps customized for Florida law, rent & lease debt rules, and Resurgent Capital Services's collection patterns.

1

Never confirm or deny anything on the first call

When a collector calls, get their name, company name, address, and what debt they're calling about. Do not confirm your address, employment, or that you owe anything. Ask them to send everything in writing.

2

Switch immediately to written communication

Tell them: 'I prefer to communicate in writing. Please send all correspondence by mail.' This creates a paper trail and prevents manipulative phone tactics. You can legally require written communication.

3

Send a validation request within 30 days

Use your FDCPA § 1692g rights immediately. Send a certified validation letter demanding proof of the debt's validity, amount, original creditor, and collector's authority to collect.

4

Know what they can and cannot do

Legal: send letters, call between 8am-9pm, file lawsuits. Illegal: threaten arrest, use profanity, call your employer after being told to stop, misrepresent the amount or legal status, contact third parties about your debt.

5

Keep records of everything

Log every call: date, time, phone number, and everything said. Save every letter. Keep all certified mail receipts. This documentation is your evidence if violations occur or the debt goes to court.

Rent & Lease Debt Dispute Strategies in Florida

These strategies apply to rent & lease debt specifically. Rent debt from unpaid rent, lease break fees, or security deposit disputes. State landlord-tenant law governs. Security deposit claims have strict return timelines.

  • Document property condition at move-in/move-out
  • Challenge security deposit deductions with photos
  • Dispute excessive lease break fees
  • Verify landlord followed state notice requirements
  • Challenge any charges beyond normal wear and tear
Relevant laws: State landlord-tenant act, State security deposit laws, FDCPA if in collections, State UDAP

How to Handle Resurgent Capital Services Specifically

  • Resurgent owns LVNV Funding — same parent company, same defenses
  • Demand documentation showing the complete chain of debt ownership
  • File complaints against both Resurgent and any subsidiaries they operate through

Florida Debt Collection Laws

Florida Consumer Collection Practices Act governs debt collection in Florida in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key Florida Protections:

  • Head of household wages FULLY exempt from garnishment
  • Unlimited homestead exemption
  • State debt collection act applies to original creditors
Income exempt from garnishment in Florida: Social Security, Wages (if head of household), Workers' comp, Disability, Retirement

Key Tips

Saying 'I can't afford to pay this' is not an admission of the debt — it's a statement of current financial status
Collectors who work for debt buyers often have no idea what the original debt was — their documentation is often minimal
The CFPB has a sample debt validation letter at consumerfinance.gov you can use as a starting point

Frequently Asked Questions — Florida

Can Resurgent Capital Services garnish my wages in Florida?

In Florida, wage garnishment is capped at Head of household exempt. The following income is protected: Social Security, Wages (if head of household), Workers' comp, Disability, Retirement. Resurgent Capital Services must first obtain a court judgment through proper legal process before any garnishment order can be issued.

What is the statute of limitations on rent & lease debt in Florida?

The SOL for rent & lease debt in Florida is 5 years. Once expired, Resurgent Capital Services cannot win a court judgment even if the debt is real. You must raise the SOL as an affirmative defense in your Answer if sued — never ignore a lawsuit.

What law governs Resurgent Capital Services's collection activity in Florida?

Florida Consumer Collection Practices Act applies in Florida alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. Head of household wages FULLY exempt from garnishment

How do I dispute rent & lease debt with Resurgent Capital Services?

Send a certified validation letter within 30 days of first contact. Demand the original creditor name and full chain of assignment. Resurgent Capital Services must stop all collection activity until they validate. If they fail to validate, file complaints with the CFPB and AG Consumer Protection.

Related Resources

Florida Debt LawsResurgent Capital Services in FloridaRent & Lease Debt · FloridaResurgent Capital Services ViolationsRent & Lease Debt GuideAll How-To Guides

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