Consumer complaint received 2023-07-30
Company: Weltman, Weinberg & Reis Co., L.P.A.
State: IL
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:
CREDITOR AND LAWSUIT INFORMATION Creditor : XXXX XXXX XXXX XXXX XXXX  ( Attorney : Weltman , Weinberg & Reiss Co., XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, IL XXXX ; Telephone : XXXX ; Email : XXXX ) Filed XXXX arbitration lawsuits with the XXXX XXXX XXXX XXXX ( XXXX XXXX, XXXX  ) Case XXXX : Filed on XX/XX/XXXX for {$12000.00} plus approximate cost of {$400.00} Case XXXX : Filed on XX/XX/XXXX for {$14000.00} plus approximate cost of {$400.00} MY XXXX INFORMATION I filed XXXX XXXX bankruptcy with the XXXX XXXX XXXX Virginia, with a XXXX date of XX/XX/XXXX. 

The XXXX debts listed above were XXXX in this bankruptcy. Both XXXX debts were private, direct to consumer loans that exceeded the cost of attendance. The loans are dated from XXXX and XXXX, respectively. 

CREDITORS LACK OF COMMUNICATION REGARDING DEBT Please note that at no point between the bankruptcy XXXX on XX/XX/XXXX and the filing of the first arbitration lawsuit on XX/XX/XXXX, did the creditor or their attorneys attempt to contact me about what they deem to be an outstanding debt. I did not receive anything via mail, email or phone regarding this or any other XXXX debt. No attempts to collect this debt or otherwise communicate with me were made before filing the lawsuit in question. 

CONTACT WITH CREDITORS ATTORNEY I have attempted to notify the attorney for the creditor regarding the XXXX debt by phone on multiple occasions. They did not return any of my phone calls. I also provided a copy of the Order of Discharge ( Form XXXX ) via email on XX/XX/XXXX. I did not receive a response beyond the automated receipt response. Finally, I personally handed a copy of the Order of Discharge ( Form XXXX ) to the creditors attorney during court proceedings on XX/XX/XXXX. Again, no one responded via phone or email. 

FILED MOTION TO QUASH SERVICE OF PROCESS I filed a Motion to Quash Service on XX/XX/XXXX, disputing the receipts of summons, as I do not believe the Plaintiff/Petitioner followed proper procedures for serving me with the summons and complaint. Service of summons was not made : ( XXXX ) by leaving a copy of the summons with me personally, ( XXXX ) by leaving a copy at my usual place of abode with a family member of the age of XXXX or upwards, or ( XXXX ) by informing me of the contents of the complaint/petition. I requested that all proceedings be suspended until I receive proper notice and documentary evidence from the Plaintiff/Petitioner. The Motion to XXXX was denied on XX/XX/XXXX, despite the creditors attorney stating that I was served via substitute service at my parents ' residence and providing to the Judge a physical description that did not match that of either parent. 

CREDITORS CONTINUED FAILURE TO PROVIDE A COPY OF THE COMPLAINT The creditors attorney verbally informed the Judge on XX/XX/XXXX that they would mail me a copy of the complaint. They have still not done so. As of XX/XX/XXXX, I have not received proper notice or details regarding this claim.

Company response to consumer: Closed with explanation