Consumer complaint received 2015-04-27
Product: Student loan — Non-federal student loan
Issue: Dealing with my lender or servicer — Don't agree with fees charged
Company: Patenaude & Felix A Professional Corporation (CA)

My name is XXXX XXXX XXXX, we sent our children to college, my son graduated in XXXX but could not get a good job because of this bad record of this student loan. We incurred XXXX ( XXXX ) private students loan with XXXX ( XXXX XXXX XXXX Student Loan ). Although, our children are helping us pay in small amount, we are in great financial difficulty because my husband lost his job and have not found a job, since XXXX years ago, my salary is not enough to cover all our student loans. We were behind payment in XX/XX/XXXX, so we applied for loan forbearance. Were able to start payment again to ( XXXX ) XXXX XXXX XXXX. But XXXX, put all our payment to XXXX account number, even if there was an instruction, a direct debit from XXXX bank to each individual loan. XXXX did not informed us, that they were using only XXXX ( XXXX ) account number for all their remittance to XXXX XXXX XXXX student loan. Even if XXXX did not record the payment to each individual loan, the actual payment of XXXX student loans were received by XXXX XXXX XXXX. As a result of incorrect recording, XXXX XXXX XXXX, through Patenaude & Felix Law Office, of XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA XXXX, filed a XXXX ( XXXX ) defaulted student loan case against my children, in Superior Court County of XXXX, Justice Center, in XXXX XXXX, California. We have no idea, we were not informed about the wrong recording by XXXX, until we received a copy of the Superior Court Case defaulted judgment, sent to us through ordinary mail, in the mailbox. Nobody in our household ever received or signed a notice of subpoena about any court case against us. Except the copy of the defaulted judgement against us, which we received in the mailbox. In XX/XX/XXXX, we filed a Claim of Exemption for Salary Garnishment, at the Levying Officer, in XXXX XXXX, Ca. Since, we need a supporting document to attached to the Claim for exemption for salary garnishment, requested and paid copies of original documents through the internet, from Superior Court, XXXX XXXX, we were surprised to find out that Patenaude & Felix Law, has filed a completed Court documents, against us, without us knowing about it. One of the document is a " Proof of service by mail '' that we do not have any idea, and we did not know the existence of those document. The Salary garnishment filed by Patenaude & Felix Law office was dismissed by the Court on XX/XX/XXXX. On XX/XX/XXXX, through an ordinary mail, in our mailbox, we received a copy of Memorandum of Cost after judgment, requesting us to pay an amount of {$4800.00}, with the rate of 10 % interest, the date typed in this memorandum, is XX/XX/XXXX, it was stated, it was mailed on XX/XX/XXXX, but we received it on XX/XX/XXXX, we are given XXXX days to be able to respond to this demand. We are objecting to this demand, of {$4800.00}. Because we never had any opportunity or any court proceedings or hearing and this amount is unreasonable. In addition to we are incapable of paying this amount, because we do not have any money in the bank, we are in great financial difficulty even with our basic necessity. All this court documents were filed by Attorneys employed by Patenaude & Felix collection Law Office, by Attorney, XXXX XXXX XXXX, and XXXX XXXX XXXX, this is also, the same office where we are remitting our student loan payment of {$150.00} every month. Memo for cost was a result of defaulted judgement that Patenaude & Felix, won in court due to student loan, that we have continuously been paying, and due to XXXX incorrect recording of our payment, but the truth of the matter, XXXX XXXX XXXX has been receiving our payment, since the beginning when we started paying after forbearance. They should not have sued us in court.