Consumer complaint received 2017-12-12
Company: Windham Professionals, Inc.
State: GA
Product: Debt collection
Sub-product: Federal student loan debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/XXXX Windham Professionals , Inc, through the identity of XXXX XXXX knowingly created a false United States Government Wage Garnishment Order ( XXXX ), Employer Certification ( XXXX ) and Wage Garnishment Worksheet ( XXXX ), which it then knowingly used to falsely misrepresent itself to be both the United States XXXX XXXX XXXX, and a creditor agency simultaneously, to which I owed a delinquent nontax debt of XXXX. These representations are false and untrue. 
Windham Professionals Inc., is a private debt collection agency, whose address is listed on the " myeddebt.ed.gov '' website as being as follows : ( See attached Debt Collection Agencies ) Windham Professionals , Inc. XXXX. XXXX XXXX XXXX XXXX NY XXXX ( XXXX ) XXXX Furthermore, the US XXXX XXXX XXXX 's current address in XXXX is as follows : XXXX. XXXX XXXX XXXX   XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX. 

It is not : XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX On XXXX XXXX, XXXX Windham Professionals , Inc through the identity of XXXX XXXX then knowingly mailed this fraudulent document to my employer ( XXXX ) and caused them to unlawfully deduct {$200.00} dollars from my before and after tax earnings, which it knew beforehand, it had no lawful right to receive. 
Using the false United States XXXX XXXX XXXX XXXX number, ( XXXX XXXX GA XXXX ) it appears and is believed that my earnings were then unlawfully stolen in this manner by individuals within Windham Professionals Inc, to unlawfully deprive me of the The Borrower Rights protections, which are afforded me under Higher Education Act, as well as the due process protections of the Fair Debt Collection Practices Act, and specifically Sections ( e ) Notice requirements. ( 1 ) ( f ) Hearing ( j ) Exclusions from garnishment.and ( k ) Financial hardship. of 31 CFR 285.11 - Administrative wage garnishment.

I am now employed within a 6-month period, which began on XX/XX/XXXX, after having been involuntarily separated from my previous employer, AZ XXXX in XXXX of XXXX. Both XXXX as well as Windham Professionals Inc., have been made to know, that under section ( j ) of of 31 CFR 285.11 - Administrative wage garnishment, it clearly states : Exclusions from garnishment. The agency may not garnish the wages of a debtor who it knows has been involuntarily separated from employment until the debtor has been reemployed continuously for at least 12 months. 

The debtor has the burden of informing the agency of the circumstances surrounding an involuntary separation from employment. 

Through both email and phone call, XXXX and Windham Professionals , Inc have both been made aware of my less than 12-month status, but are deliberately attempting to abort justice in this cause. 

No prior 30 day notices were ever sent to my address, or furnished to me at any time prior to these unlawful acts, I was never afforded and opportunity for a hearing, or to dispute the the validity of this debt, which has been knowingly misrepresented. 

Windham Professionals , Inc. with the aid of XXXX has knowingly been allowed to unlawfully circumvent these federal procedural safeguards. 
Then, on XX/XX/XXXX unbeknown to me at that time, XXXX payroll department began garnishment of my pay without any prior notice from a creditor or debt collector. When I contacted them on XX/XX/XXXX via the XXXX XXXX, I was told I would receive a notice in the mail. 

On XX/XX/XXXX, I received a confusing letter dated XX/XX/XXXX, stating that a garnishment order from " XXXX XXXX XXXX XXXX XXXX '' was received from a " Creditor/ Attorney '' by the name of Windham Professionals Inc. , for either me or my wife for a debt in the amount of XXXX. 
It further stated that if I wanted to release or change the order, I must call the creditor contact number listed on the notice. That number was listed as being XXXX. 
On XX/XX/XXXX, and XX/XX/XXXX, I emailed the Human Resources Department and complained of the Fair Debt Collection Practices Act violations, 812. Furnishing certain deceptive forms [ 15 USC 1692j ], and requested full disclosure of all documents which were due under law, as well as the identity and address of the person or persons responsible for the alleged order. I also made calls onXX/XX/XXXX and XX/XX/XXXX but was given no documentation or answers. 
Finally, after calling HR on XX/XX/XXXX and mentioning to report the matter to the FTC, I was finally given a copy of the alleged order on Thursday XX/XX/XXXX. 
After examining it, I realize that it was fake, as it contained false identity and address information. Someone had created a false order claiming to be both Windham Professionals Inc., and XXXX XXXX XXXX simultaneously within the same order. 
Based on this evidence, and the letter sent from XXXX Payroll Department dated XX/XX/XXXX, it appears and it is believed that someone working within the XXXX garnishment processing department knew, that these documents were clearly faked, and they were being used to perpetrate fraud, theft, and misrepresentation. 
Nowhere in the XX/XX/XXXX letter, was it ever mentioned that this alleged attorney was claiming to be both Windham Professionals Inc., and the XXXX XXXX XXXX XXXX XXXXl Payment Center simultaneously, nor was there any attempt made to initially provide me with any documentation whatsoever, revealing this conflict in identity. 
Instead, I was sent a letter which further aided the person or persons in their theft of my wages and false impersonation of a government entity/employee. 
By deliberately concealing the exact nature and specifics of the alleged order, I was deliberately deprived ( under color of law ) of due process protections which are contained in the Fair Debt Collections Practices Act, 31 CFR 285.11 - Administrative wage garnishment, and the Due Process Clause of the Fourteenth Amendment to the US Constitution. 
Saturday XX/XX/XXXX I contacted Windham Professionals Inc., at the number listed on the alleged Wage Garnishment Order ( XXXX ) I spoke to four persons, XXXX XXXX, XXXX XXXX, XXXX, and XXXX in collections and the garnishment departments. 
All claim to have no knowledge of a XXXX XXXX ( the person whose name was typed on the order ) employed by their organization. This is after I specifically requested an employee search for this person. 
I then emailed XXXX XXXX on XX/XX/XXXX and relayed this information. I then received a call on Monday morning XX/XX/XXXX from a gentleman who identified himself as XXXX from XXXX XXXX XXXX XXXX in XXXX. 
He stated that he would contact both Windham Professionals and the XXXX XXXX XXXX to resolve the matter. Later that same day, I received an email from this same XXXX person, confirming that neither Windham nor the XXXX XXXX XXXX XXXX had any record of the order, and that the garnishment would be halted until they received notification to resume or validate the order. This statement was meant to mislead. 
How could he speak of resuming or validating something that he just stated was no " record '' of. This means it could not have valid or legal in the first place. This XXXX person is knowlingly engaging in fraud, by attempting to cover up what he knows about the origin of the order. 
On Wednesday morning XX/XX/XXXX, I received a call from a female in XXXX payroll stating that she was assigned to take care of the deductions from my pay being restored. However, when I received my pay on Friday XX/XX/XXXX, the monies were not restored, nor did I received the copy of the order 's mailing envelope, or the identity of the person or persons responsible for the crafting of the XX/XX/XXXX letter. 

To this date, I have been given no assistance by XXXX in uncovering these unlawful acts, but instead they are currently attempting to further aid Windham Professionals , Inc and it 's agents, in their acts of fraud. XX/XX/XXXX, received a phone call from XXXX XXXX stating that they are resuming the garnishment of my pay, on XX/XX/XXXX. This is after having stated on XX/XX/XXXX that they had discovered that there was " no record '' of an order sent from Windham Professionals or the XXXX XXXX XXXX. Once again, I have been given no prior 30 day notice as is mandatory under section ( e ) ( 1 ) of 31 CFR 285.11 - Administrative wage garnishment. 

I am therefore urgently requesting that the Consumer Financial Protection Bureau, and the FTC launch an investigating into this matter, by filing this complaint with the parties involved, that I my begin the process of exposing this corruption, for the sake of others, who make be suffering similar gross abuses of their civil and constitutional rights. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief