Debt collection -- Attempts to collect debt not owed -- Complaint #8824756
Complaint Overview
Complaint ID: 8824756
Company: Sklar Law LLC
Product: Debt collection
Sub-Product: Private student loan debt
Issue: Attempts to collect debt not owed
Sub-Issue: Debt was already discharged in bankruptcy and is no longer owed
State: New Jersey
ZIP Code: 08879
Date Received: 2024-04-21T12:00:00-05:00
Date Sent to Company: 2024-04-21T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
I am writing to report a debt collection lawsuit brought against me by a debt collector for a debt that was discharged in bankruptcy XXXX years ago. Despite the debt being discharged, they obtained a default judgment against me. Pursuing collection on a debt that has been discharged in bankruptcy may constitute a violation of the Fair Debt Collection Practices Act ( FDCPA ). The lawsuit has caused me significant distress, and I have incurred financial costs in responding to the lawsuit, including filing fees and court costs. I was unable to afford a lawyer at the time. I was not aware of this debt in particular, and I never acknowledged the debt with the debt collector or received any notice from them, assuming that my XXXX XXXX loans had already been discharged in bankruptcy XXXX years prior. The original defense I presented was that it was well beyond New Jersey 's 6-year statute of limitations to collect on the debt. Later in the case, I was able to find documentation proving that the debt was discharged XXXX years ago in bankruptcy. Throughout the case, debt collectors legal representation has continued to file objections, misrepresenting the bankruptcy code concerning which types of student debts are eligible for discharge, despite providing proof that the debt in question had in fact been discharged as it met the criteria for unqualified XXXX XXXX loans that could be discharged in bankruptcy. The legal team misrepresented facts throughout the case to manipulate the outcome in their favor.
Frequently Asked Questions
What is Complaint #8824756 about?
Complaint #8824756 was filed against Sklar Law LLC regarding Debt collection specifically about Attempts to collect debt not owed. It was received by the CFPB on 2024-04-21T12:00:00-05:00.
How did Sklar Law LLC respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Sklar Law LLC?
Yes, visit the Sklar Law LLC company profile at readthecomplaint.com/company/sklar-law-llc to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.