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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 5234
Experience:  Licensed to practice before state and federal court
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I'm a 63 year old senior who dropped out of school in 9th

Customer Question

Hi I'm a 63 year old senior who dropped out of school in 9th grade, I do not have a GED or a High School Diploma. My husband and I filed a chapter 13 7 years ago, when we finished our Chapter 13 I started getting calls from a collection agency ECMG they told me I took out a student loan 30 years ago, I took them it was impossible as I did not have a GED or a High School Diploma. I asked for verification in regards ***** ***** loan the collection agency drew it out for about 8 months telling me they were going to send proof. Never came. When my husband I and filed our taxes this year our refund was taken due to this false student loan. I have asked and sent letters demanding to these collection agencies demanding proof. Have not received anything showing I received any monies from any US Government. When my husband and I filed our Chapter 13 my Trustee sent out notification to all Government agencies to file in a claim if monies were owed to IRS, Student Loan Ect. Nothing was ever filed in. We address on collection agency then it is shifted to another collection agency.
JA: Has a refund request been made in writing?
Customer: A refund from who the IRS?
JA: Has anything been filed or reported?
Customer: I filed a Consumer Complaint yesterday with the FTC.
JA: What state are you in?
Customer: Nevada
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do you understand what I wrote?
Submitted: 2 months ago.
Category: Legal
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more information) so all that means is that you can count on me to help today. I'm very sorry to hear about your situation. I think that it was a smart thing to file a complaint with the FTC regarding the situation. Under the fair debt collection practices act, it is against the law for a debt collector to claim that you owe a debt when you do not. Additionally, if a debt collector does not provide you verification of the debt if you requested it within 30 days of being notified of the Dead, then that is a violation as well. Therefore, if you never attended college and if you never took out a student loan then any money that you were charged for this should be returned to you. You may be able to sue the student loan company on The grounds that they are trying to collect on an imaginary debt and that they did not verify the debt pursuant to the fair debt collection practices Act. I would have already recommended that you file a complaint with the FTC. You may also file a complaint with your State's Consumer Protection Bureau as well to help you out.

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