Consumer complaint received 2018-01-25
Product: Student loan — Private student loan
Issue: Dealing with your lender or servicer — Received bad information about your loan
Company: Patenaude & Felix A Professional Corporation (CA)

I am filing a new complaint against XXXX XXXX XXXX XXXX XXXX/XXXX XXXX XXXX XXXX XXXX ( XXXX ). InXX/XX/XXXX they have filed a garnishment of my salary at the Levying Office in XXXX XXXX, California. In response I filed an exemption with the Levying Officer of XXXX XXXX, and I was granted an exemption because of financial hardship that I could hardly support my family, due to my low salary.

XXXX XXXX XXXX XXXX XXXX receive and accept our monthly payment of {$150.00}, the latest payment was in XX/XX/XXXX. I am submitting this complaint because Patenaude has resurrected and actively renewed their garnishment, now against my sister who is my co-signer. Since, I was exempted for garnishment, in XXXX XXXX, California, Superior Court, this time they filed it in XXXX XXXX, Central Sheriff, XXXX XXXX XXXX, XXXX XXXX, CA XXXX, Phone ( XXXX ) XXXX.

Our family was stricken again by this notice, because we were given 15 days to file an exemption with XXXX XXXX  Sheriff Office. My sister is having a financial difficulty because she is unable to work full time due to a successive vehicular accident that she suffered, she is physically unable to work full time, due to her XXXX problem which caused her to work for light duty only. She is most of the time absent from work. Also, she has four ( 4 ) student loans on her own to pay.

This default judgment was filed in XX/XX/XXXX, by XXXX XXXX XXXX XXXX XXXX with XXXX XXXX Superior Court, California without our knowledge. XXXX XXXX XXXX ( XXXX ) who was servicing XXXX XXXX XXXX XXXX XXXX did not inform us. We were stunned and dismayed when this XXXX XXXX XXXX XXXX XXXX sent us a copy of default judgment from the mail. We did not expect our private student loan to become delinquent and eventually charged off by XXXX, because we were paying XXXX every month, but XXXX failed to record the payment accurately to each and individual owner/lender of the student loan. Although, we were using our food money already to pay our student loan, we tried our best to pay in spite of our financial difficulties.

We investigated XXXX XXXX XXXX, why our 3 student loans became delinquent and eventually discharged off. I was told that, it did not matter wherever we record your payment, because you have a loan, this was the answer given to me over the phone by XXXX XXXX XXXX, employee. Only 1 active student loan was left with XXXX, that became overpaid, the 2nd XXXX loan, disbursed in XX/XX/XXXX, the rest of the 3 student loan charged off from XXXX : XXXX XXXX XXXX XXXX XXXX/XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX by XXXX XXXX XXXX XXXX XXXX. Of the 3 charged off student loan, only for 1st XXXX loan disbursed in XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX filed a lawsuit and eventually filed a default judgment.

We found out that XXXX was submitting all our payment to the 2nd XXXX student loan only, the same owner/lender with 1st XXXX  loan disbursed in XX/XX/XXXX. All the monies we paid, were paid to XXXX, loan No. 2 only, and no payment was recorded to the other 3 student loans. XXXX recorded and posted all the payment to this 2nd XXXX loan, even if there were specific instruction and notation on the check that each was for payment to individual loan owner. Upon charged off of this 3 student loan, the other 2 student loans from XXXX XXXX XXXX and XXXX XXXX XXXX accepted our pleading to let us pay {$150.00} every month, respectively. These 2 charged off student loan, were large amount, as compared to student loan, acquired by XXXX XXXX XXXX XXXX XXXX. But, Patenaude did not want to accept our payment of {$150.00} every month, but as of this writing receives and is accepting our payment, even if Patenaude filed the Court Case in XX/XX/XXXX.

Patenaude should not have filed a Court case, because we paid 1st XXXX loan, disbursed in XX/XX/XXXX combined with the 2nd Student XXXX loan, to the same owner/lender, XXXX XXXX XXXX XXXX XXXX loan disbursed inXX/XX/XXXX, sequence # XXXX. XXXX XXXX XXXX XXXX XXXX  received both our payment to this ( 2 XXXX private student loans ), since XX/XX/XXXX up to the time, 1st XXXX student loan was charged off, because XXXX thought there were no payment made to this 1st XXXX  loan, but due to inefficiency, and improper recording of XXXX it did not show any record of payment to 1st XXXX loan.

We were dismayed and stunned, and my mother almost XXXX of XXXX XXXX, when we received copy of the default judgment sent through the mail. We know nothing about the default judgment because we have continuously sent our payment through XXXX XXXX XXXX, Bill Pay. We did not expect this case would happen, because no communication has been sent to us by XXXX. Religiously we have been paying all four ( 4 ) student loan serviced by XXXX XXXX XXXX. To date, only one ( 1 ) is active current student loan remained with XXXX, because it became overpaid. We were not informed and were not aware that XXXX, was remitting all our payment including payment to other bank ( XXXX XXXX XXXX XXXX, to XXXX XXXX XXXX XXXX ), only to XXXX XXXX XXXX XXXX XXXX. XXXX was remitting the payment to Loan Sequence # XXXX, disbursed inXX/XX/XXXX As a result there were no payment recorded/posted to the rest of our private student loan, with XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, and to the 1st XXXX Student loan. In reality there were payment made to 1st XXXX student loan, because it went to the same Lender/Owner, XXXX XXXX XXXX XXXX XXXX, even if it does not show in the record of 1st XXXX student loan. Because XXXX accumulated all the money and paid it all to XXXX XXXX XXXX XXXX XXXX, every month, even if the other payment is for XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. We have maintained and kept copies of all of our receipt of payment from XXXX XXXX XXXX