Consumer complaint received 2019-08-02
Company: Lockhart, Morris & Montgomery Inc.
State: RI
Product: Debt collection
Sub-product: Private student loan debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
The collection agency named Lockhart, Morris & Montgomery , Inc. has contacted me in an effort to collect a debt that is no longer valid because of the terms which are provided in the contract that initially created the debt. 

The terms of the contract explicitly state that if an employee is terminated by the customer, XXXX, before the term of the agreement has expired then the debt as well as the subsequent restrictive covenants and non compete clause are thereby NULL & VOID as a result of such termination since the termination was without DUE CAUSE. 
This decision has also been reviewed and upheld by the US Supreme Court of Appeals in the XXXX XXXX. Case Citations : XXXX XXXX XXXX XXXX XXXX, XXXX CASE NO. XXXX XXXX ( XXXX ) ( XXXX. XXXX. XX/XX/XXXX & XXXX XXXX XXXX, XXXX V. XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) & other similar cases. 

I've explained all of these terms and provisions of the contract to XXXX whom contacted me in an effort to collect the debt that no longer exists. XXXX has identified himself as the director of operations at the collection agency in reference. 

Upon listening to my explanation XXXX had stated that his customer holds the claim that I had resigned from my position and I ensured XXXX that I had email Communications proving otherwise as I responded to a Family Emergency involving my XXXX XXXX infant at the time and that my job was protected by the FMLA Act under such circumstances. 

Therefore, XXXX had agreed to contact his customer as an effort to obtain proof of his customer 's claims in order to validate that his efforts to continue to collect this debt are LEGAL and VALID since, again, I have made it very clear that I did not resign from my position but instead was informed by my former employer, XX/XX/XXXX, in the exact words that " my employment was not going to be reinstated ''. 

Furthermore, when I requested an explanation from the XXXX recruiter who my telephone inquiry had been forwarded to his response was quote : " I don't know ''! After requesting further contact as well as the reason for my termination I did not receive any follow up information regarding my termination. I contacted the customer 's legal department and headquarters but no one would forward a response nor explanation. Instead I was referred to the collection agency where I had explained the same terms of the contract prior to making contact with XXXX of the above stated collection agency. 

Upon following up with XXXX after our initial conversation it was determined that he too has failed to follow through on his agreement to provide a reason for my termination nor any proof that his customer 's claims are true. Instead, he became very angered, and resorted to manipulative, abusive tactics without any regard for the message that is being conveyed here while totally disregarding that the continued pursuit to collect this debt is ILLEGAL until the validity of the debt is proven nor is it possible since the customers claims are in fact false and I hold the evidence to prove that I did not resign. 

Therefore, the proof of burden lies upon the Debtor making the request for such claim and to prove the validity of the debt by forwarding proof of my resignation which does not exist at once or accept the final truth that I was in fact terminated which will further validate this dispute against the validity of this debt. If the collection agency can not forward proof of such resignation or reason for termination that occurred without DUE CAUSE then I hereby invalidate the debt once again and proclaim that any further efforts to collect this debt is explicitly ILLEGAL HARASSMENT and must seize to exist! And further request that the collection agency 's customer forward all diploma, certificates, etc. with release of any such claims in the SUBJECT 5 of the Driver employment contract. As upheld by the XXXX XXXX XXXX Supreme Court.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation