Consumer complaint received 2018-12-12
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: Navient Solutions, LLC. (MA)

XXXX XXXX XXXX is Garnishing my wage to collect a Student Loan debt discharged by a settlement agreement approved by a Federal Judge on XX/XX/XXXX. I am a former XXXX-XXXX Institute student and as former student I am sure that XXXX-XXXX  used my personal information to request loans that I did not signed for which I would consider the stealing of my identity. ( There is no way that I will owe the XXXX  XXXX XXXX XXXX XXXX XXXX an amount close to {$25000.00} USD in addition to The Department of Education over {$52000.00} USD for an XXXX XXXX program ). I am not refusing to make any payments. All I am asking is for detailed breakdown of the debt as my consumer rights. When I saw the notices from XXXX XXXX XXXX, I already knew that Navient could not verify the loans validation when I fought against them, which resulted in placing the loans to {$0.00} balance owed ( Attached to this complaint ). This resulted in the selling of the debt to XXXX XXXX XXXX ( A subsidiary of Navient ). When I requested Debt Validation from XXXX with full breakdown of the loan amount to separate any private loans from federal loans to perhaps make an agreement to pay what is legit, they sent me papers - under their assumption - to be valid documents, but I did not agree to such information because it just contained an electronic name and social security number with inaccurate information. All I am asking The Consumer Financial Protection Bureau is to stop this collection agency from illegally garnishing my wages. They are acting against the law with this action because they are not a federal collection agency authorized to issue an Administrative Wage Garnishment. XXXX XXXX XXXX issue XXXX on behalf of XXXX  XXXX XXXX XXXX XXXX XXXX to threat my employer with the letters attached to this complaint. I have no idea where the Garnished money is going to because all they are doing is collecting 15 % of my weekly pay without sending me any statement showing where the money is going against or if it is going to where it is supposed to go. I could be paying for the rest of my life through Wage Garnishment if CFPB does not stop them from continuing with this violation and never payoff the amount. XXXX is causing me a financial hardship and I need your help stopping them from garnishing my wages until they provide legitimate debt validation. If they provide legitimate contracts and validated documents, I will have no problem in setting up a payment plan, but as of now they are acting against the Consumer Financial Protection Act ( CFPA ),  the Consumer Financial Protection Bureau ( CFPB ), the Fair Debt Collection Practices Act ( FDCPA ), and the local state law of Massachusetts 940 CMR 7.00 DEBT COLLECTION REGULATIONS section 7.04 ( 1 ) ( b2 ).

Currently, there are three pending actions of civil litigation against XXXX formally brought by a government agency that have not yet been resolved. 

Two cases were brought by the State Attorneys General of Illinois and Washington. The third case was brought by the CFPB on behalf of the federal government. In XX/XX/XXXX, the Illinois Attorney General filed a lawsuit against Navient Corporation, its subsidiaries Navient Solutions Inc., XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX and Sallie Mae Bank, over widespread abuses across all aspects of its business, including student lending, student loan servicing, and student loan debt collection. Also, in XX/XX/XXXX, the Washington State Attorney General filed a lawsuit claiming the business is in violation of state law prohibiting violations of the Consumer Protection Act, relating to the origination, servicing and collection of student loans. ( Those practices included improperly steering financially distressed students toward short-term for bearances, engaging in aggressive and misleading collection tactics, and more. ) In response, XXXX  alleges all the charges are unfounded, and that the timing of these lawsuitsat midnighton the eve of a new administrationreflects their political motivations. 

The third action was filed by the CFPB. In a 66-page indictment, the CFPB has alleged widespread fraud and abuses by Navient and its subsidiaries, including violations of the Consumer Financial Protection Act ( CFPA ) ; the Fair Credit Reporting Act ( FCRA ) ; and the Fair Debt Collections Practices Act ( FDCPA ). Charges include allegations that Navient and its subsidiaries routinely steered borrowers to repayment plans they knew would result in higher costs to borrowers ; deliberate misadministration of payment processing and repayment program enrollment ; deliberate misreporting of credit information to the credit reporting agencies ; deliberately misinforming borrowers about credit reporting practices and collection fees ; routine payment processing errors ; and other deceptive and unfair practices that often resulted in financial gain to Navient and its subsidiaries. XXXX posted a response to this action that also denied wrongdoing and accused the CFPB of being motivated by politics.