Consumer complaint received 2023-01-04
Company: Forster & Garbus LLP
State: NY
Product: Debt collection
Sub-product: Private student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
I come home yesterday to XXXX letters from the XXXX XXXX XXXX XXXX stating my wages will be garnished for XXXX XXXX private loans from over XXXX  years ago that were XXXX by XXXX XXXX XXXX years ago. I contacted XXXX XXXX who forwarded me to Navient who has done nothing, but XXXX XXXX is listed as the plaintiff in this case with Forster and Garbus Collecting. 

Forster and Garbus filed a court complaint without serving me or giving me notice. They did this XXXX  years after being told by XXXX XXXX this debt was not being collected. The debt was passed to XXXX, opening a door for Forster and Garbus to back door a lawsuit, get a default judgement against me with no notice and then hide behind an income execution also without notice. I have received no complaint, no notice of court date, no notice of judgement and no notice of the execution. My rights were not only violated, they are collecting on a debt that was XXXX by XXXX XXXX and they know it. Here is what I sent to XXXX, waiting for a response : I have contacted XXXX XXXX Customer service department of the advocate who pushed me to XXXX as they claimed my loan was sold to them, therefore have no records. BUT, its XXXX XXXX name on an income execution that is the main issue. Loans that were XXXX over 10 years ago are being collected on by a Forster and Garbus LLC. This company was told over 10 years ago to stop collection and now that XXXX XXXX has no records, they proceeded with the collection and went to court to get a default judgement, never serving me paperwork in the process. I was never given a chance to defend myself. I am being sent from XXXX XXXX to XXXX and not getting any help. I received the paperwork on garnishment on XX/XX/XXXX and it starts 20 days from XX/XX/XXXX according to the paperwork I will attach here. There are XXXX total garnishments they filed for, all of which XXXX XXXX stopped collection on. My email to XXXX is as follows : Hi : My name is XXXX XXXX and I received paperwork yesterday from the XXXX XXXX XXXX office that my wages were being garnished from an old XXXX XXXX loan that was XXXX from a rep over 10 years ago. The company who filed this under XXXX XXXX is an operation named Forster and Garbus, located at XXXX XXXX XXXX South, XXXX XXXX XXXX XXXX XXXX at XXXX New York XXXX and their phone number is XXXX. My complaint is as follows : XXXX. I was never served nor told of this lawsuit being filed ( I contacted the court to determine the next step, filed a complaint with the NY XXXX Attorney XXXX XXXX and filed with the XXXX XXXX XXXX XXXX ) XXXX. This debt was XXXX over 12 years ago and now they are collecting under XXXX XXXX XXXX XXXX as XXXX and agent for XXXX XXXX XXXX XXXX XXXX XXXX XXXX. After speaking with XXXX XXXX customer advocates office, I was told to contact XXXX XXXX. Last time this actions took place, Forster and Garbus was contacted by XXXX XXXX XXXX XXXX XXXX office to stop the process while they got things figured out and then stopped collection as these loans were XXXX as not mine. XXXX. My attorney has advised me of steps we can take if XXXX XXXX or now XXXX, does not stop this collection as it was done by going around my legal rights Please, contact Forster and Garbus and stop this process so this can be finally ended! It stopped in XXXX or XXXX, as the loans were XXXX, then I got paperwork saying collection ended. I don't have this letter as its so long ago but it must be in your system. I know Forster and Garbus can be contacted to stop this as it was done before and the XXXX XXXX XXXX said they were a new company so they had no records of me, but you would. I can be contacted at XXXX to answer any questions, but I am also attaching a copy of XXXX of the XXXX Income Execution docs sent to me from the Sheriffs  office and received by me yesterday for you to use. If needed I have all XXXX that can be sent. Thank you and time is of the essence as they are collecting this 20 days after XX/XX/XXXX. Please at least get this paused while you search to get this figured out, as this ended 10 years ago. Thank you XXXX XXXX

Company response to consumer: Closed with explanation