Report: #548271

Complaint Review: Nelson, Watson,& Associates, Resurgent Capital Services, PYOD LLC, The Sherman Companies

  • Submitted: Thu, December 31, 2009
  • Updated: Fri, January 01, 2010
  • Reported By: Tag — Southern Illinois United States of America
  • Nelson, Watson,& Associates, Resurgent Capital Services, PYOD LLC, The Sherman Companies
    PO Box 19008
    Greenville, South Carolina
    United States of America

Nelson, Watson,& Associates, Resurgent Capital Services, PYOD LLC, The Sherman Companies , Resurgent Capital Services Filed a bogus claim against a Chapter 7 Bankrutcy for an account that had been settled out of court for 1/5 of the amount claimed by Resurent Capital Services and PYOD, LLC. Greenville, South Carolina

*General Comment: Did you get a discharge from the Ch 7?

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A Chapter 7 Bankruptcy was filed in June 2009. A credit card account by Citicorp had been settled out of court showing a balance of $2000.00 as the settlement figure. Payments were made against that balance and reducing the amount outstanding to $1400.00.  Citicorp sold this account to PYOD, LLC, a/k/a Resurgent Capital Services and Resurgent Capital Services then filed a Proof of Claim against the bankruptcy for $6,173.54, five times greater than the amount the account had been settled for. Since there is a court order showing the account is settled thereby closing the account.  Citicorp sold this account to Resurgent knowing or should have known they could not sell this account and attempt to collect twice on the same account.

This is a bogus Proof of Claim against the Chapter 7 bankruptcy.  I filed a complaint with the Attorney Generals office for my state, they contacted Resurgent Capital Services and Resurgent then withdrew their claim as having been filed 'in error'. This is another attempt by this company that operates under several different names attempting to collect debts by filing bogus claims against someones misfortune.  Then, Resurgent Capital Services sold this account back to Citicorp who, after being contacted by the attorney generals office about the situation, sent another letter in response stating they 'strongly urge' the debtor to contact their office and make payment arrangements.  This is a settled claim by Court Order. Obviously the left hand does not know what the right hand is doing at Citicorp. 

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#1 General Comment

Did you get a discharge from the Ch 7?

AUTHOR: MovingForward - (United States of America)

Was the Citicorp settlement made prior to your filing BK or was it negotiated in the bankruptcy? I am a little confused about the status of your Ch 7; did you receive your discharge? 

If you have your discharge, and Citicorp is continuing to "strongly urge" you to contact them for payment arrangements after your Ch 7 discharge, this is clearly a violation of the Federal discharge injunction. You would be in a great position to bring sanctions against Citicorp for this violation. If successful, you could end up with a nice nest egg.

If you did not receive a discharge and the case was dismissed, then the discharge injunction would not apply.

Resurgent Capital is a notorius JDB and it is not surprising that they overstated their claim in your BK. Did you contact your BK attorney to bring suit against Resurgent? I find it difficult to believe that a judge would accept Resurgent's filing as an error. IMO I would not let it go with just a complaint. The only thing that Resurgent understands is a lawsuit.  If you have your BK discharge consider bringing an action (lawsuit for sanctions)  against both the OC and the JDB. If you do not have a discharge then consider hiring a NACA attorney to persue this case. Don't let them get away with their claim of "error".

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