Resurgence Legal Group PC

A judgment was entered against [redacted] in favor of [redacted] , LLC in the Circuit Court of the Twentieth Judicial Circuit, [redacted] for the amount of $2,plus court costs as a result of a lawsuit filed against Mr*** Despite [redacted] , LLC's attempts to collect the amount owed, no payments have been made toward the judgment amount to date [redacted] ***, LLC took assignment of the judgment in the action and this was recognized by the court on 5/16/[redacted] ***, LLC then issued a Third Party Citation against [redacted] *** [redacted] responded to the Citation accordingly by putting a freeze on any accounts held by [redacted] ***As a result, [redacted] is holding $1,from Mr***'s accounts [redacted] does NOT list [redacted] or any adverse claimants on [redacted] ***'s accounts The Third Party Citation is up for hearing on August 8, at which time all parties will appear and assert their positionsCounsel for [redacted] ***, LLC will be requesting a turnover of any held funds in order to partially satisfy the amount owed to Unifund by Mr*** Mrand Mrs [redacted] both contacted Resurgence Legal Group via telephone on July 22, and July 28, and were told by an account representative that Unifund would agree to a turnover of the funds held and then a monthly payment plan to satisfy the remaining balance owedTo date, Mr [redacted] has not accepted this offer and filed the instant Revdex.com Complaint

*** ***
Revdex.com
Viewridge Ave, #
San Diego, CA 92123-
T: 877/440-
F: 714/226-
RE: RESURGENCE FINANCIAL, LLC, as Assignee ofCITffiANK SOUTH DAKOTA NA
VINCENT PADERES
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Our File: ***
RevDex.com ID: ***
Dear *** ***
February 27,
*** ***' Citibank account ending in *** was charged off by the original creditor on or about
August 24, The debt was subsequently purchased by Resurgence Financial, LLC ("Resurgence")
on April 14, On or about November 8, 2006, *** *** was served by substituted service
with a copy of Summons and Complaint for case number *** as heard in Superior Court of
California, County of San JoaquinA copy of the Proof of Service of Summons stating documents were
left with Xochitl Paderes on *** ***' behalf has been provided to *** ***As no Answer was
filed, Resurgence sought entry of default judgment against *** *** and the same was entered on
July 12, in the amount of$8,A copy of the judgment order has also been forwarded to
*** ***
Pursuant to California Code of Civil Procedure et al., a judgment creditor may request
issuance of a Writ of Execution (Money Judgment) in an effort to execute on its judgment On
October 29, 2013, Resurgence requested from the superior court issuance of said Writ of Execution.
On or about November 13, 2013, Resurgence proceeded with Levy on Deposit Account under CCP
Resurgence has no way to verify what funds are attached (exempt or not) until after the
bank answers or the judgment debtor provides a claim of exemption As of the date of this
response, Resurgence has received neither, and therefore has nothing showing that the attached
funds are exemptIf a judgment debtor files a claim of exemption, he/she is to provide a notice of
exemption, applicable code section, financial statements and supporting records such as bank
statements, benefit awards, etc., showing that the attached funds are exempt The burden is
predominantly on the judgment debtor to prove that the attached funds are exempt
Again, Resurgence has received no such proof As soon as Resurgence receives proof ofexempt
funds, it will submit a release of those funds that are traceable as exempt, and make every effort
to resolve the account with *** *** in a mutually agreeable manner
This communication is from a debt collector and is an attempt to collect a debt Any information
obtained will be used for that purpose
Very truly yours,
RESURGENCE LEGAL GROUP, PC
*** ** ***
Managing Attorney

This matter was up in court on Monday August 8th Mr*** appeared in court and claimed his personal property exemption As such, the third party citation against *** *** *** *** was dismissed The dismissal order also stated that the bank freeze is lifted and all monies held shall be turned over to Mr*** This order entered by the court was sent to *** *** *** *** and, therefore, the bank should lift the freeze accordingly Mrand Mrs*** should follow up with their bank at this time to ensure that the freeze is lifted in an expedited fashion

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
After reviewing the response I do not
accept this response. As stated before, I (*** ***) is the primary
account holder of the checking account. I am simply asking for you to
release the freeze on the account and work out an agreement with my spouse, Mr
*** ***. I have two children that I’m caring for who need supplies
for school and I can’t get obtain this for my children due to the freeze on my
account. And another point that I would like to make is that I did not
agree to release all funds in the account to Resurgence. What I did state
that is if the account is unfrozen, then my husband could agree to pay
Resurgence a certain dollar amount and then set up payment arrangements going
forward. I have attached documentation showing that my name is on the
checking and savings account with USAA. I honestly feel like I am being
punished for something that happened before I was the spouse of Mr
***. The court date is scheduled for 08/08/and we will both be
present. This is really an inconvenience to us as we are both scheduled
to work on this day and now we have to lose money just to appear in court for
something that we can handle outside of court. Please reconsider and
contact me at *** ASAP
Thanks,
Regards,
*** *** (*** ***'s spouse)

I am the spouse sending in a complaint on behalf of my spouse *** ***I would like them to settle out with him for the debt and release the freeze on my account immediately as I am the primary account holder

A judgment was entered against [redacted] in favor of [redacted], LLC...

in the Circuit Court of the Twentieth Judicial Circuit, [redacted] for the amount of $2,104.64 plus court costs as a result of a lawsuit filed against Mr. [redacted].  Despite [redacted], LLC's attempts to collect the amount owed, no payments have been made toward the judgment amount to date.  [redacted], LLC took assignment of the judgment in the action and this was recognized by the court on 5/16/2016.[redacted], LLC then issued a Third Party Citation against [redacted].  [redacted] responded to the Citation accordingly by putting a freeze on any accounts held by [redacted]. As a result, [redacted] is holding $1,459.27 from Mr. [redacted]'s accounts.  [redacted] does NOT list [redacted] or any adverse claimants on [redacted]'s accounts.  The Third Party Citation is up for hearing on August 8, 2016 at which time all parties will appear and assert their positions. Counsel for [redacted], LLC will be requesting a turnover of any held funds in order to partially satisfy the amount owed to Unifund by Mr. [redacted].  Mr. and Mrs. [redacted] both contacted Resurgence Legal Group via telephone on July 22, 2016 and July 28, 2016 and were told by an account representative that Unifund would agree to a turnover of the funds held and then a monthly payment plan to satisfy the remaining balance owed. To date, Mr. [redacted] has not accepted this offer and filed the instant Revdex.com Complaint.

A judgment was...

entered against [redacted] in favor of [redacted], LLC in the Circuit Court of the Twentieth Judicial Circuit, [redacted] for the amount of $2,104.64 plus court costs as a result of a lawsuit filed against Mr. [redacted].  Despite [redacted], LLC's attempts to collect the amount owed, no payments have been made toward the judgment amount to date.  [redacted], LLC took assignment of the judgment in the action and this was recognized by the court on 5/16/2016.[redacted], LLC then issued a Third Party Citation against [redacted].  [redacted] responded to the Citation accordingly by putting a freeze on any accounts held by [redacted]. As a result, [redacted] is holding $1,459.27 from Mr. [redacted]'s accounts.  [redacted] does NOT list [redacted] or any adverse claimants on [redacted]'s accounts.  The Third Party Citation is up for hearing on August 8, 2016 at which time all parties will appear and assert their positions. Counsel for [redacted], LLC will be requesting a turnover of any held funds in order to partially satisfy the amount owed to Unifund by Mr. [redacted].  Mr. and Mrs. [redacted] both contacted Resurgence Legal Group via telephone on July 22, 2016 and July 28, 2016 and were told by an account representative that Unifund would agree to a turnover of the funds held and then a monthly payment plan to satisfy the remaining balance owed. To date, Mr. [redacted] has not accepted this offer and filed the instant Revdex.com Complaint.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
 
After reviewing the response I do not
accept this response.  As stated before, I ([redacted]) is the primary
account holder of the checking account.  I am simply asking for you to
release the freeze on the account and work out an agreement with my spouse, Mr.
[redacted].  I have two children that I’m caring for who need supplies
for school and I can’t get obtain this for my children due to the freeze on my
account.  And another point that I would like to make is that I did not
agree to release all funds in the account to Resurgence.  What I did state
that is if the account is unfrozen, then my husband could agree to pay
Resurgence a certain dollar amount and then set up payment arrangements going
forward.  I have attached documentation showing that my name is on the
checking and savings account with USAA.  I honestly feel like I am being
punished for something that happened before I was the spouse of Mr.
[redacted].  The court date is scheduled for 08/08/16 and we will both be
present.  This is really an inconvenience to us as we are both scheduled
to work on this day and now we have to lose money just to appear in court for
something that we can handle outside of court.  Please reconsider and
contact me at [redacted] ASAP.
 

Thanks,

Regards,
[redacted] ([redacted]'s spouse)

Review: 2/14/14 was notified of a levy on my joint bank account by the bank. After 7 hours of calling numbers I find it belongs to Resurgence and the rep claims it is a credit card I had that went to collections. The debt is over 14000.00. From my credit report history, I have never had a credit card for that limit amount and all credit cards with citibank, show paid on time. Resurgence claims they served me in 2006 and the address they provided I no longer lived at during that time. My spouse and I are both Veterans with Veteran Compensations that meet the exemption status. Per the bank we need to prove to the LA superior court our bank account hold disability payments, which we are in the process of. If this is my account, I would enter into a settlement agreement like I had done with other creditors when I lost my job. But this company refuses to do so and states that they are legally not obligated to.Desired Settlement: First to prove this is my account. If this is my account, I would enter into a settlement agreement like I had done with other creditors when I lost my job. But this company refuses to do so and states that they are legally not obligated to. Should this be my account, that I settle based on the original amount, not their inflated amount!

Business

Response:

[redacted]

Revdex.com

4747 Viewridge Ave, #200

San Diego, CA 92123-1688

T: 877/440-0860

F: 714/226-0024

RE: RESURGENCE FINANCIAL, LLC, as Assignee ofCITffiANK SOUTH DAKOTA NA

VINCENT PADERES

Our File: [redacted]

Revdex.com ID: [redacted]

Dear [redacted]

February 27, 2014

[redacted]' Citibank account ending in [redacted] was charged off by the original creditor on or about

August 24, 2004. The debt was subsequently purchased by Resurgence Financial, LLC ("Resurgence")

on April 14, 2006. On or about November 8, 2006, [redacted] was served by substituted service

with a copy of Summons and Complaint for case number [redacted] as heard in Superior Court of

California, County of San Joaquin. A copy of the Proof of Service of Summons stating documents were

left with Xochitl Paderes on [redacted]' behalf has been provided to [redacted]. As no Answer was

filed, Resurgence sought entry of default judgment against [redacted] and the same was entered on

July 12, 2007 in the amount of$8,915.10. A copy of the judgment order has also been forwarded to

[redacted].

Pursuant to California Code of Civil Procedure 699.510 et al., a judgment creditor may request

issuance of a Writ of Execution (Money Judgment) in an effort to execute on its judgment. On

October 29, 2013, Resurgence requested from the superior court issuance of said Writ of Execution.

On or about November 13, 2013, Resurgence proceeded with Levy on Deposit Account under CCP

700.140. Resurgence has no way to verify what funds are attached (exempt or not) until after the

bank answers or the judgment debtor provides a claim of exemption. As of the date of this

response, Resurgence has received neither, and therefore has nothing showing that the attached

funds are exempt. If a judgment debtor files a claim of exemption, he/she is to provide a notice of

exemption, applicable code section, financial statements and supporting records such as bank

statements, benefit awards, etc., showing that the attached funds are exempt. The burden is

predominantly on the judgment debtor to prove that the attached funds are exempt.

Again, Resurgence has received no such proof. As soon as Resurgence receives proof ofexempt

funds, it will submit a release of those funds that are traceable as exempt, and make every effort

to resolve the account with [redacted] in a mutually agreeable manner.

This communication is from a debt collector and is an attempt to collect a debt. Any information

obtained will be used for that purpose.

Very truly yours,

RESURGENCE LEGAL GROUP, PC

Managing Attorney