CHARLESTON – A Charleston consumer alleges debt collectors are attempting to collect a discharged debt.
Matthew S. Bragdon filed a complaint in Kanawha Circuit Court against National Collegiate Student Loan Trust 2007-4 and Javitch Block LLC alleging misrepresentations and unconscionable debt collection.
The suit states that the plaintiff entered into a student loan agreement in August 2007 with Astrive. The defendants filed a collection action in 2014 in Kentucky and obtained a judgment against the plaintiff in the amount of $38,607.76, after which they started to garnish the plaintiff's wages, according to the suit.
The suit states the loan was discharged by a court order in March 2016 but the defendants continued to seek collection. The plaintiff alleges Javitch contacted his Kentucky employer in 2017 and threatened legal action unless the employer garnished his wages, and the plaintiff submitted information that no amount was owed to his employer. He alleges the defendants garnished his wages until May 2018 and he relocated to West Virginia the following month.
The plaintiff alleges he entered into a payment plan with Safe Harbor Associates in October 2018 and notified the defendants in January of their unlawful debt collection but they did not respond.
The plaintiff alleges the defendants used fraudulent and misleading representations to collect or attempt to collect the alleged debt.
The plaintiff is seeking cancellation of the debt, attorney fees and court costs. The plaintiff is represented by Bren J. Pomponio and Clint Carte of Mountain State Justice Inc. in Charleston.
The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 19-C-411