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New Hampshire/Resurgent Capital Services/Credit Card Debt/How-To Guides/How to File an FDCPA Complaint Against a Debt Collector
5 Steps · New Hampshire Law

How to File an FDCPA Complaint Against a Debt Collector

For New Hampshire residents dealing with Resurgent Capital Services on credit card debt

Step-by-step guide to filing FDCPA complaints with the CFPB, FTC, and your state attorney general. This guide applies the steps specifically to New Hampshire's laws and Resurgent Capital Services's documented collection practices for credit card debt accounts. In New Hampshire, the statute of limitations on credit card debt is 3 years and wage garnishment is limited to Limited — only for specific debts.

3 years

New Hampshire Statute of Limitations

$5,221

Average Credit Card Debt

Limited — only for specific

Garnishment Limit

Known Resurgent Capital Services Violations

Resurgent Capital Services has a documented record of FDCPA violations. If any of these occur during your New Hampshire 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 File an FDCPA Complaint Against a Debt Collector — Step by Step

Steps customized for New Hampshire law, credit card debt rules, and Resurgent Capital Services's collection patterns.

1

Identify the specific violations

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.

2

Gather documentation

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.

3

File with the CFPB

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.

4

File with your state attorney general

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.

5

Consider filing a private lawsuit

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.

Credit Card Debt Dispute Strategies in New Hampshire

These strategies apply to credit card debt specifically. Credit card debt is the most common consumer debt in America. Under the FCBA, you have 60 days to dispute billing errors. Many collection accounts lack proper documentation.

  • Request debt validation under FDCPA § 1692g
  • Dispute billing errors under FCBA within 60 days
  • Check if debt exceeds statute of limitations
  • Negotiate settlement at 40-60% of balance
  • File CFPB complaint if collector violates FDCPA
Relevant laws: FCBA (15 USC § 1666), FDCPA (15 USC § 1692), FCRA for credit reporting, 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

New Hampshire Debt Collection Laws

NH Consumer Protection Act governs debt collection in New Hampshire in addition to the federal FDCPA. To file a complaint: AG Consumer Protection.

Key New Hampshire Protections:

  • Very short 3-year SOL
  • Limited wage garnishment
Income exempt from garnishment in New Hampshire: Social Security, Unemployment, Workers' comp, Pension

Key Tips

CFPB complaints are public — collectors know unresolved complaints affect their record
State AG complaints are especially powerful in states with their own debt collection acts
NACA (consumeradvocates.org) provides free referrals to consumer rights attorneys nationwide

Frequently Asked Questions — New Hampshire

Can Resurgent Capital Services garnish my wages in New Hampshire?

In New Hampshire, wage garnishment is capped at Limited — only for specific debts. The following income is protected: Social Security, Unemployment, Workers' comp, Pension. 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 credit card debt in New Hampshire?

The SOL for credit card debt in New Hampshire is 3 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 New Hampshire?

NH Consumer Protection Act applies in New Hampshire alongside the federal FDCPA. Complaints can be filed with AG Consumer Protection. Very short 3-year SOL

How do I dispute credit card 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

New Hampshire Debt LawsResurgent Capital Services in New HampshireCredit Card Debt · New HampshireResurgent Capital Services ViolationsCredit Card Debt GuideAll How-To Guides

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