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Many Texans first see the name Resurgent Capital Services on a collection letter, a credit report or a phone call, and then receive a lawsuit that names a different company, usually LVNV Funding, LLC, as the plaintiff. That is not an error. Resurgent is the servicer: the company that manages and collects accounts that its affiliates own. Knowing which company is which tells you who has to prove the debt in court and who you are actually negotiating with.
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Resurgent and LVNV: How the Companies Fit Together
LVNV Funding's own website explains the arrangement: when an account is charged off and sold, LVNV may become the new owner, and "LVNV Funding outsources the management of its portfolio of accounts to a company called Resurgent Capital Services." LVNV describes Resurgent as "a licensed third-party debt collector" and says Resurgent can answer questions about LVNV-owned accounts.
Resurgent's website identifies itself as a debt collector and lists the companies it calls "the Resurgent family of companies," including Resurgent Capital Services, LP, LVNV Funding, LLC, Sherman Acquisition, LLC, Pinnacle Credit Services, LLC, PYOD, LLC, Ashley Funding Services, LLC, CACH LLC, CACV of Colorado, LLC, and several other Resurgent entities. Resurgent lists its headquarters in Greenville, South Carolina, a location in Cincinnati, a mailing address of P.O. Box 10497, Greenville, SC 29603, and a customer service number of 1-888-665-0374. It also says Spanish-speaking representatives are available.
A federal court in Texas has described the same relationship in a case record. In Jallo v. Resurgent Capital Services, LP, No. 4:14-CV-449 (E.D. Tex. Aug. 7, 2015), the court noted that Resurgent acted "as servicer of Plaintiff's account owned by LVNV." Our separate guide covers being sued by LVNV Funding in Texas.
The Texas Secretary of State's debt collector registry shows an active bond for "Resurgent Capital Services LP fka Alegis Group LP" (file 20040207, filed November 12, 2004), as well as active bonds for Resurgent Acquisitions, Resurgent Receivables, Resurgent Funding and Resurgent Secured Assets, as of our search on November 3, 2026.
Texas Debt Law is not affiliated with Resurgent Capital Services, LVNV Funding or their affiliates.
Who Is the Plaintiff in Your Case?
Look at the top of the petition. The plaintiff is whoever claims to own the account, often LVNV or another affiliate on Resurgent's list. That company has the burden of proof. Resurgent's role usually appears in the supporting papers: an affidavit signed by a Resurgent employee as servicer or records custodian, account statements, and bill-of-sale documents tracing the account from the original lender.
That arrangement matters for evidence. Texas Rules of Evidence 803(6) and 902(10) allow business records to be proved by affidavit, but the person signing must be qualified to speak about how the records were made and kept. When the affiant works for a servicer and the records came from a bank and one or more earlier buyers, the foundation for each set of records is fair to question. See what is a business records affidavit?
Deadlines Come First
A letter from Resurgent is not a lawsuit, and it does not start a court deadline. Service of a citation does. Once you are served:
- In justice court, file a written answer by the end of the 14th day after service (Texas Rule of Civil Procedure 502.5).
- In county or district court, file by 10:00 a.m. on the Monday after 20 days from service (Rule 99(b)).
Calling Resurgent's customer service line does not extend either date. Use our answer deadline calculator.
What the Owner Must Prove
In a justice court debt claim case under Rule 508, the petition must identify the original creditor, prior holders and the assignment date (Rule 508.2), and the plaintiff must prove that it owns the account and how it acquired it (Rule 508.3(b)(3)(D)). In county or district court the same ownership question applies through ordinary rules of proof and summary judgment practice. For summary judgment motions filed on or after March 1, 2026, a response is due 21 days after the motion is filed (Rule 166a).
Limitations deserves a look in every case. Texas generally allows four years to sue on a debt (Civil Practice and Remedies Code § 16.004), and Finance Code § 392.307 bars a debt buyer from suing on consumer debt after that period, even if a payment was made later. Regulation F prohibits debt collectors from suing or threatening suit on time-barred debt (12 C.F.R. § 1006.26(b)).
Disputing a Debt With a Servicer: Lessons From Bashore
If a collection letter arrives before any lawsuit, your written dispute can matter, but the federal rules are specific. Under 15 U.S.C. § 1692g(b), if you dispute in writing within the 30-day validation period, the collector must stop collecting until it obtains verification and mails it to you.
The Fifth Circuit applied those rules in Bashore v. Resurgent Capital Services, L.P., No. 11-40418 (5th Cir. Dec. 6, 2011) (unpublished), affirming dismissal of a self-represented consumer's FDCPA, FCRA and Texas Debt Collection Act claims against Resurgent, LVNV and others. The court said sending written communications about a claimed debt is not itself an FDCPA violation; that the FDCPA does not require a collector to answer a dispute letter, only to cease collection until verification is obtained; that a claim for failing to stop collecting requires an allegation that the dispute was sent within the 30-day period; and that general allegations without specific facts were not enough. The decision was based on what that complaint alleged and says nothing about your situation.
Practical takeaways: dispute in writing, within 30 days of the validation notice if you can, keep a copy and proof of mailing, and write down the dates of any later calls or letters. Our answer on how to dispute a debt with a collector has more.
Arbitration Clauses: The Jallo Ruling
Many credit card agreements contain arbitration clauses, and an account owner may try to use one against a consumer's claims. In Jallo, a cardholder sued Resurgent and LVNV in federal court under the FDCPA and the Texas Debt Collection Act. The defendants later moved to compel arbitration. The court denied the motion, finding that the defendants had known of the arbitration provision since at least August 2013 but litigated the case, including a motion to dismiss, before asking for arbitration, and that this caused the plaintiff expense that arbitration would duplicate. The ruling turned on that case's history. Whether an arbitration clause applies to you depends on your agreement and what has happened in your case. See can a debt case be moved to arbitration?
Your Rights and Separate Claims
Resurgent describes itself as a debt collector, and the Fair Debt Collection Practices Act's limits generally apply to third-party collection activity: no false or misleading statements (15 U.S.C. § 1692e), no unfair practices (§ 1692f), and, once it knows you have a lawyer for the debt, communication through your lawyer (§ 1692c(a)(2)). The Texas Debt Collection Act adds state-law protections. If a violation occurs, we bring the claim as a separate lawsuit in federal court, not as a counterclaim, and that is a separate legal service from defending the collection suit. Claims under the FDCPA generally must be filed within one year (§ 1692k(d)). Visit our Texas FDCPA attorneys page.
How Texas Debt Law Can Help
We identify the actual plaintiff, file your answer, examine the servicer's affidavit and the chain of sale documents, check the dates for limitations, and review any arbitration clause before deciding how to respond. When a settlement is the better route, we negotiate it and make sure the terms are in writing. We work statewide, mostly remotely. Help is available in Spanish, and our phones are staffed seven days a week.
Debt defense is a flat fee based on the amount of the suit, from $400, with payment plans available:
| Amount of the Lawsuit | Our Flat Legal Fee | Payment Plan |
|---|---|---|
| Less than $1,000 | $400 | Up to 2 months |
| $1,001 – $3,000 | $500 | Up to 2 months |
| $3,001 – $5,000 | $750 | Up to 3 months |
| $5,001 – $7,500 | $1,000 | Up to 4 months |
| $7,501 – $10,000 | $1,250 | Up to 6 months |
| $10,001 – $12,500 | $1,500 | Up to 6 months |
| $12,501 – $15,000 | $1,750 | Up to 6 months |
| $15,001 – $20,000 | $2,000 | Up to 6 months |
| Over $20,000 | Call for Pricing | |
Call or text for a free case review, or learn more about our Texas debt defense attorneys.
Sources
- LVNV Funding, official website (relationship with Resurgent)
- Resurgent Capital Services, Affiliate Certifications (Resurgent family of companies)
- Resurgent Capital Services, official website (address, phone, debt collector statement)
- Texas Secretary of State, Debt Collector Search (search "Resurgent")
- Bashore v. Resurgent Capital Services, L.P., No. 11-40418 (5th Cir. Dec. 6, 2011)
- Jallo v. Resurgent Capital Services, LP, No. 4:14-CV-449 (E.D. Tex. Aug. 7, 2015), memorandum opinion and order
- Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692–1692p
- Texas Rules of Civil Procedure (Rules 99, 166a, 502.5, 508)
- Texas Rules of Evidence (Rules 803(6), 902(10))
- Texas Finance Code ch. 392 (§§ 392.101, 392.307)
- Regulation F, 12 C.F.R. § 1006.26
General information, not legal advice for your case.