I got a letter from performant in California stating I owe them$423.99 for unpaid taxes in Louisiana in 2005.. so I called Louisiana revenue and sure enough I owed them.. I went ahead and submitted the payment using my debit card to Performant thinking my account was closed and paid off until I got this letter today it's saying I stilled owe them $429.99, but this time the return address on the envelope was from performant in Aurora Illinois.. I don't know what's app can anybody out there help me or at least give me some advice.. respectfully, Jimmy Sullivan
Performant Recovery Inc. harassment techniques start with the daily phone calls both on your cell phone and at work. They are relentless and threatening to the point the have you believing they are the watchdogs of the IRS. My issue with them was that I have an agreement with the IRS for paying off my owed taxes for 2015 to cover the Obamacare penalties for not carrying insurance. Where this $8,960 Debt is now 60% paid off Performant Recovery, Inc wanted the whole $8,960 plus $4,766 in Penalties saying the IRS authorized them to collect it. Having contacted the IRS I was told my original agreement was still in effect and that Performant Recovery was doing this from a previous notification of debt owed to the IRS. To date, and over a thousand phone calls later I now ignore and hang up every time they call and continually add their number to my phones blocked number listing. They change numbers almost daily. Do not call their 800-866-5317 number. No one will ever answer. They record your phone number and the harassment phone calls begin. They are relentless bottom feeders! The only was they can get information on you is if your stupid enough to give it to them. Do not give them any information about Social Security, Banking, employment, ect. Steve Burch
Performant Recovery is a collection agency that makes well over $150 Million each year using extremely 'questionable' means. Below I provide what I believe is strong evidence that Performant acquires so many of its millions using illegal methods to 'recover' alleged debt it never lawfully purchased, and which often was never even owed to the alleged 'original creditor'. If this Company has contacted you, there is an almost 100% chance that you owe it nothing (proof is below). The purpose of this complaint is to provide information on how to quickly DEFEND YOURSELF, your FAMILY and your hard-earned money from what is considered by a great many who've dealt with it, to be a criminal organization.
My short Adventure with Performant: Company (Performant) contacted me demanding large sums of money I can prove I do not owe. I responded with Conditional Acceptance letters and Request for Production of Documents (sent several times, via email, mail, and certified First-Class Mail with Tracking requesting Verification of Debt. Tracking/Article # 7013 1090 0000 4498 XXXX); (see excerpts below) Performant had another group contact me, and both backed off immediately when I responded;
I thought the issue had been settled (after no sign of Performant for roughly 15 months), when I moved to Arizona, and Performant abruptly began calling me again incessantly, hundreds of times at home and at work after I had told them never to call me, having failed in their duty to provide any validation of debt's existence (naturally), or any ownership thereof, which is a Federal violation, demanding I pay a non-existent Student Loan they say I co-signed on. Student Loan Debt is now 1.4 Trillion, an increase in roughly 100 Billion PER YEAR over the past 8 years:
“Students who acquire large debts putting themselves through school are unlikely to think about changing society. When you trap people in a system of debt they can't afford the time to think. Tuition fee increases are a disciplinary technique, and by the time students graduate, they are not only loaded with debt, but have also internalized the disciplinary culture. This makes them efficient components of the consumer economy.” -Noam Chomsky (famous MIT Professor)
PERFORMANT will probably quickly move to take this complaint down and keep their tens of thousands of monthly victims clueless and thus helpless (but please do what you feel is best, I can defend myself and effectively respond to them if this Complaint is taken down without my consent).
“Whoever, under color of any law ... willfully subjects any person in any State ... to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both" - TITLE 18, U.S.C., SECTION 242
“fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.” - Bouvier’s Maxims of Law
LIST of Facts, Laws and Legal References, illustrating the series of actions taken against me and my family by Performant Recovery, Inc., along with its legions of other poor victims already struggling under perpetual debt, high taxation, and now the recession:
1) Performant Recovery was told the following..
I agree to pay anything I legally and rightfully owe, when I am able, providing I am given complete proof. Please provide me with proof as follows:
a) An original contractual agreement signed by me, showing that I knowingly consented to transaction with original creditor. (Note: The original signed document alone does NOT verify the debt (it could have been wholly or partially paid back, signature could be forgery, contract could be non-binding, etc.)); "The contract in no way provides sufficient verification of the debt." -Spears v. Brennan, 745 N.E.2d 862 (Ind.App. 2001)
b) The Original LEDGER ACCOUNTING from Day 1 to the current (Where did all the funds go? How were the payments made? How were they credited?); "It is unfair to consumers under the FDCPA to hide the true character of the debt, thereby impairing their ability to knowledgeably assess the validity of the debt. One simple way to comply with § 1692e and § 1692f in this regard would be to itemize the various charges that comprise the total amount of the debt.”- Fields vs. Wilber Law Firm, 383 F.3d 562 (7th Cir. 2004)
c) Validation must come from the original creditor. - Wollman Letter (Federal Trade Commission); etc.
d) An original bill or invoice for the total amount claimed by you (Performant)
e) The name of a living man or woman of real substance (computer-generated data sheets are NOT witnesses) who is willing to attest to these facts by way of an Affidavit of Truth, and who is willing to take full commercial liability should his/her claims prove to be unfounded, false and fraudulent. “What is otherwise good and just, if sought by force or fraud, becomes bad and unjust." -3 Co. 78 Bouvier's Maxims of Law
f) Evidence that the original contractual agreement was legitimate and binding (i.e., made in good faith [not an attempted fraud, an issue I will cover below], full disclosure of all essential and relevant facts, a “meeting of the minds” [entails conscious understanding], etc.), while I may provide evidence to the contrary. Note: intentionally prolix Contract is written in legalese (words often have different and sometimes opposite meanings of normal English) with NO presumption that anyone seriously reads or (if they did) understands any of the encrypted verbiage they're signing. (Contract could have said you give up you agree to live in a tree dressed as a clown, it could say you give up all fundamental human rights: nobody would consider that “binding”)
“Things invalid from the beginning cannot be made valid by subsequent act" - Trayner, Max. 482.
g) Proof of the lawful transaction in which you purport to have acquired "my” debt, and proof that the debt was transferable. (often they bought ONLY an excel spreadsheet, explicitly labeled 'as is with all faults.'!!)
h) “If you claim to be acting on behalf of an original creditor, you must also identify the original creditor and provide verification from the stated creditor that you are authorized to act for them. Please also identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt."
i) A strict accounting of all interest and fees, so that I may verify that your claims are not usurious or unenforceable.
j) Inclusive accounting proving that you or the original creditor suffered 'damages', for which you request 'relief'. (They WILLNOT provide this because they CANNOT. They LOSE the case immediately when you motion Court to force bank to reveal the essential accounting information [see citations for more info])
k) Any other evidence/facts relevant to the voracity of your claims.
“Ex dolo malo non oritur action.” (“Out of fraud no action arises.”) -Cowper, 343; Broom’s Max. 349. Bouvier’s Maxims of Law
2) Company continued contacting me despite the fact that I requested a cease to all communication, excluding apology or verification. (Harassment under FDCPA)
Note: There are many lies constantly promulgated by this desperate industry. The FDCPA should and DOES apply to Student Loans; and according to legal maxim and all Human Rights laws, as rooted in common sense (and basic morality), there is equal consideration under the law: the mere fact that a company- let alone an openly criminal agency - is haphazardly accusing you of something and may have acquired some personal information, you probably do NOT owe them anything, and NEVER give them your SS#, or anything other personal info.
a) According to 20 U.S. Code § 1095a (the exact law cited by Performant/ASA in their GARNISHMENT NOTICE, alleging it gives them Authority to take funds from anyone), it is stated explicitly in Section (a) Paragraph (3) that “The individual shall be provided an opportunity to inspect and copy records relating to the debt.”. This was explicitly asked for and denied. The law obviously NOWHERE even implies that I owe them any money nor that they have the right to collect any) Now after they've taken many thousands from my family, they finally respond with absurd papers their employees typed up on a computer 'proving' I owe them money. Papers do not include any of the evidence I requested. Note: “The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.” – 809. Validation of debts [15 USC 1692g](c) (Fair Debt Collection Practices Act[FDCPA])
b) This law also states under section (a) paragraph (2) that the accused has the right to “..an explanation of the rights of the individual under this section”, which was certainly not done accurately in the Notice Prior to Wage Withholding- quite the opposite.
3) Performant regularly malversates funds WITHOUT COURT ORDER or any legal proceedings (as happened in our particular case), claiming in writing that the targeted individuals have only one option: The “Right to Request a Hearing” in which THEY (the Plaintiff) are also the JUDGE and JURY, subjecting the unwitting to the "old run-around” (A conflict of interest is the polar opposite of a fair trial of course). In Arizona (here), Performant uses an allied private company 'ASA', which feigns to be a Governmental Agency for intimidation purposes, in order to Garnish Wages without ANY due process from many people. This is a clear Human Rights violation.
“No person shall.. be deprived of life, liberty, or property without due process of law.” -US Constitution, 5th Amendment
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations.” -Universal Declaration of Human Rights (UDHR- United Nations, International Law), Article 10 (The United States is a high contracting party)
(See also: ICCPR Art. 14(1))
Note: If you believe you are not bound by Supreme Court rulings, the US Constitution, or International Law, please SAY SO IN WRITING.
4) Performant operates under the premise that it may (trivially) accuse anyone of owing it any sum of money (as long as they also claim it's a Student Loan debt [because at the behest of the predatory Private Lending industry, US History's most hated congress has been trying to destroy even basic 'consumer protections' for student loans, such as Bankruptcy, Statute of Limitations, etc., and has turned a deaf ear to the hundreds of thousands of Complaints against the Collection Industry]), attempting to take full advantage of victims' ignorance and claim (incredibly) that you are legally presumed guilty upon accusation and thereby obligated to pay (as happened in my case).
This is all a blatant violation of United States' law and Internationally sanctioned foundational Human Right and legal tenet, the 'Presumption of Innocence', as established in: UDHR, Article 11, Sec. 1; (and also) European Convention for the Protection of Human Rights, Article 6 Sec. 2; (See also: ICCPR Art. 14(2); Magna Carta, etc..)
5) Provided is an example of a short series of related questions to help further establish the nature of Performant's claims against me (or any targeted individuals), all of which Performant refused to respond to in my case: "SINCE you claim I am obligated to pay you: A. Does your agency have an agreement, a contract in writing? B. Are you a depository or lending institution? C. Did you provide me any services or products? If you did, please list them and be specific. D. Did either of us rely upon the other to perform? E. When did you solicit my business or do you have any records showing that I solicited your business? F. If I owe you money as you claim, then what is your obligation to me?"
6) Performant had threatening letters sent (seeming or purporting to be from a Governmental Agency) making verifiably false statements to my Employers, defaming me in an ultimately successful attempt to intimidate and bully them into allowing Garnishment without Court Order against my will, and has now stolen from me, of $5,000 (yet no balance info/ monthly statements or any related subsequent info has ever been sent to me by the collectors).
7) Sending unsubstantiated claims around in the mail demanding money may be considered mail fraud (Performant is a mail fraud ring).
8) OTHER LAWS Company knowingly violates on a daily to bi-weekly basis: TCPA(Telephone Consumer Protection Act); FCPA(Fair Credit Reporting Act)- they constantly file falsely and never (to my knowledge) have proof (I will explain), when contested they never accurately verify, thus the negative entries are removed from the Credit Score- but not 1% of victims know how to do this; RICO Act (Criminal Organization)…
As supported and illustrated in good detail by thousands of complaints submitted against Performant on many venues, leaders of Performant Recovery send their minions out to steal money from Veterans, incessantly harass struggling single mothers, insult and abuse sick people, the elderly, etc.; they call family members and work-places to defame, fluster, humiliate, put jobs in jeopardy, harm relationships etc.), report endless false negative information on Credit Reports; they often steal whole bank accounts (any research especially by FBI or similar agencies can instantly verify all this). And statistically only a small fraction of people being abused by these agencies publicly report it, and many of the Complaints have been swept under the rug and otherwise 'removed' by the Agency's smokescreen team.
9) One lawyer, a specialist in dealing with the collection industry reported in his book: “In all my years I have not seen a single case handled correctly (legally by the collector), not one!”
Dave Ramsey (Multi-Millionaire Financial Advisor) to Chief Debt Collector on Talk Show as seen on youtube (note: I do not personally consider them 'scum', though they are certainly very vicious people): “I have dealt with people of your ilk... for 20 years, tens of thousands of cases. I didn't make this up; it wasn't a vague opinion that I pulled out of the air for the purposes of melodrama.. Collectors are sc*m, and you can tell they're lying if their mouth is moving. Is there a possible chance that one percent of them aren't? Yeah, but it's so narrow it's not worth even talking about...” We're gonna stop letting them.
These specific actions directed against me personally are all, of course, extremely trivial compared to the crimes Performant commits even every single work day. Those truly running Performant are completely aware that 100% of Bank Loans, Credit Card debt and Income Tax-related debts (which count for the vast majority if not all debt they collect) are both (A) not owed them or the alleged original creditor (I'll explain) AND (B) being collected using illegal methods. In this letter I will provide fundamental proof that the company not only breaks Federal Law (as of course Performant's lawyers claims to be wholly unaware of in our correspondence) daily, while debt is often double and even triple-charged by Performant (or more).
They may feign to be acting on behalf of an original creditor, they operate across many different states under many other, often similar names like Diversified Collections, Performant Financial Corp., etc., in order to confuse researchers, and lower the number of perceived complaints. The Collection Industry itself has even created an on-line 'do not poke' list of those who beat collectors in the past. I'll see you on the list :) . Bank of America has paid Billions for proven fraud. Just one of many examples: "Bank of America to Pay $16.65 Billion in Historic Justice Department Settlement for Financial Fraud Leading up to and During the Financial Crisis” -Department of Justice; Office of Public Affairs (August 21, 2014 Headline), but a few thugs running the Bank make HUNDREDS of BILLIONS perpetrating the fraud, so business continues as usual:
Ron Paul (on the Federal Reserve): “It's illegal, and what we've given to this so-called 'agency' is the authority to counterfeit money... They just enter something on a computer- 'OH, you need $20 BILLION today?! Here's $20 BILLION!' -but they got that out of thin air. It came out of THIN AIR! It goes to the treasury, the Treasury then pays the bills." (see citation)
So they print the paper (monopoly money that everyone's been tricked into pretending has value) to buy off senators or loan it to you at exorbitant interest so you can pay for often counterproductive services at monopolistic prices. This immediately devalues the money in all Americans' pockets (theft), and they tell you that you have to repay often two or three times as much (usury) or they'll take your ACTUAL, REAL, TANGIBLE PROPERTY! (and gained legitimately through years of hard work, not instantly created out of thin air with evil intent)
WHEN YOU TAKE OUT ANY BANK LOAN, it is your IOU (backed by your work, property, etc.) in exchange for their IOU (backed by nothing), and the BANKS OWN ACCOUNTING shows that the bank actually GAINED money from the transaction (the bank uses a 'Fractional Reserve' accounting trick to give themselves often 9x the money they 'loaned' you), and lost nothing. Due to the blatancy of the fraud, however, the the ruthless banks have lost over 10,000 Mortgage and Loan cases when people just forced the Bank to reveal the actual accounting sheet, which almost always shows the loan was a “fraud on it's face”; complete bank fraud. Why don't these ultra-rich “0.001-Percenters” just take their 90% of the wealth and kindly leave you alone to enjoy the crumbs in peace? (see citation: visual representation)
“Those 'puny little ants' outnumber us a hundred to one, and if they ever FIGURE THAT OUT, there goes our way of life! It's not about food, it's about keeping those ants in line!” -A Bug's Life (Disney Film)
Most Millionaires don't have much of a clue as to how the system really works; most are just paid by the real criminals at the apex of the corporate dictatorial pyramid (selects based on obedience) to robotically keep it running efficiently. Income Tax first began in 1913 and twenty years later the greatest economy on earth went bankrupt; many Medical costs have been raised over 800% in past 2 decades due to Government-sanctioned monopoly; extremely expensive "All-Children-Left-Behind" Schooling, and so on…
School in the US used to be free, and Countries with the best educational standards (Germany and Finland) have free education. Yet despite such a singularly huge cost, as the late Gore Vidal said famously on US National TV: “we (Americans) have the worst educated population of any first world country; and I hope you're listening, and I hope you KNOW that your lack of education is the joke of the world! ..It's not a very nice joke.”
But fear not, dear citizens! Come President Obama to the rescue, in his Special Interests' newfound deep concern for students suffering under their system, and heroically signs a new law that purports to take away private lending. Private Lenders now simply pay schools to jack up tuition past what you can borrow as a Federal loan and both University and Lender make a killing.
Even major supporters of Obama's loan forgiveness plan refer to it as “extremely selective” (typically rich cats with great lawyers only); Bill Gates (Ranked: #1 Wealthiest Man on Earth) said, his motto is “to those who have, more will be given...” ; and as Warren Buffet (Ranked: #3 Wealthiest Man on Earth) said, his three secrets to success are: “First, I was born in America (land of the free); Second, I have good genes; third, compounded interest”...
If you go behind on your loan payments for ANY reason (sickness, injury, financial hardship, and so on) then:
(1) lending company immediately charges late fees
(2) your 6.8% loan becomes a 29% loan
(3) Even if Social Security Declares you Totally and Permanently Disabled because you're crippled, you're still likely to have a large battle trying to enforcing it.
(4) According to Sallie Mae, When a co-signer signs the promissory note (i.e., the loan contract), he agrees to be “jointly and severally” liable for the loan, and thus is expected to step up to plate regardless of the primary borrower's ability or willingness to pay. (Sallie Mae is a For-Profit lender also openly owning some of the largest Collection Agencies in America)
(5) The co-signer retains full obligation even in the event of illness, disability or death.
Student loan debt is rising at a rate of $270 Million PER DAY, and defaulted loans are NOT eligible for forgiveness. For the rest who 'may be eligible', the information is often reported as 'very confusing'. This is why despite the incredible need, according to Government Statistics only 2% of individuals take ANY advantage of the reduction/refinancing programs. “...to those who have not, what little they have will be taken away.” (end quote)
“You don't learn anything in school. It's just a waste of time. You lug around books.. and do homework. I don't remember one thing I learned in school… My two and a half years at Erasmus High I wasted... The teachers are even stupider than the kids. They talk down to the kids. Half of them are crazy.” -Bobby Fischer (World Chess Champion, some experts believe most talented player in history)
"Education is what remains when one forgets what one has learned in school." -Albert Einstein
“We are lending money we don't have to kids who can't pay it back to train them for jobs that no longer exist.”
-Mike Rowe
Despite fewer jobs and an ever worsening economic situation, this additional punishment was levied on the backs of the American People. I for one will not fund these criminals. “Give me liberty or give me debt!”
Company is succeeding in its efforts because 99% of their targets don't defend themselves, or just throw money at lawyers who may be relatives or friends with opposing attorneys (they go to the same BAR), and get paid based on time spent (no incentive to win quickly, or even win) and usually know nothing but basic courtroom procedure and worthless case law (for example, 98% of schools in US and England don't even teach Constitutional Law, even though the Constitution is very small and easy to learn; the few schools who do (Yale, Princeton, etc.) teach it only as an ELECTIVE for those seeking career in Government), and are thus dependent on firms to provide them with basic fill-in-the-blank paperwork (HENCE the height to which these bank fraud and Debt Collection scams have been able to reach).
See citations for some basics on loan fraud and how you're probably a victim. I have acted in good faith and I can prove unconscionable agency Performant has not. I didn't want to have to find all the best lawyers and put all this research together; I went far out of my way to try and reason with them, but Performant's leaders (two in particular, whom we'll call 'Lazarus' and 'Scrooge') desperately want to be taken to trial for their endless crimes, and even their employees won't meet anyone half-way (even when others plead with them), "Judgement is without Mercy to them who have shown no Mercy. Yet Mercy triumphs over Justice".
They have shown they will tell any lies and pretend to use laws written to defend justice just as tools for trampling it; and we are not going to stop until I believe this is settled completely in a good way. To any retaliatory efforts directed against us, one of several friends will send different versions of complaint to MANY important places. There's nothing to fear, but even if you do, don't hesitate to protect yourself: "In skating over thin ice our safety is in our speed." - Ralph Waldo Emerson
"If ye love wealth better than Liberty, the tranquility of servitude better than the Animating Contest of Freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen."
- Samuel Adams, (Philadelphia State House, August 1, 1776)
"Behold, I give unto you power to tread on serpents and scorpions and over all the power of the enemy, and nothing shall by any means harm you!"
DISCLAIMER: "this is not 'legal advice'; if you want legal advice please seek a qualified attorney..."
Do not fear the collectors, they really 'know not what they do', and they are being scammed by the same system they serve, and their entire foundation is made of the ignorance this letter should dispel, and it may actually be useful to them (hopefully). REMEMBER that a Collection Agency is a BUSINESS, which means as soon as you make it “bad business” (i.e, perceived liability is greater than perceived benefits) they will leave you alone (or their business would cease to function).
They will not spend 95% of their time and resources collecting 5% of the money; they are looking for weakness. Remember anything you do against them is an act of kindness to others, and ultimately even them. If you're smart enough to spend 5% of your time protecting 15% (which may be easily over 30% of your money after taxes, all of which total over half your income) of your income from these criminals, then you might want to keep compiling and submitting reports and pressing criminal charges against them until they pay back all the money they stole from you (IF they stole from you).
The Company Performant Recovery, Inc sent me a delinquent debt notice stating that i owe taxes to louisiana department of revenue in the sum of thousands of dollars. My wife called them and they didnt want to talk with her and was basically not trying to answer her questions.
Performant is a third party collection agency that has LEGAL binding contracts with lenders. They cannot and will not disclose debts to a third party. In the state of Louisiana it is illegal to discuss the debt with your spouse anyway. You'll end up paying it though LEGAL garnishments/ tax offsets without your permission and without going to court anyway so good luck to you people. Maybe you shouldn't have signed the papers if you can't pay it back. Answer the phone and take care of your shit.
I believe they are a false company that harass people into giving them their money over a 9 month "program" to get out of deferment, or to reduce student loan debt. I would like this to be looked into at the very least and see what kind of scam they have going on
PRI is legit. You're tripping over nothin. You really think they can make $150M a year by being a "scam" no. They're contracted by lenders that have them do the work they can't do. You realize how many people default on their loans? One company cannot take on half a billion accounts therefore contrcting these legal collection agencies.
Performant Recovery Inc Reviews
I got a letter from performant in California stating I owe them$423.99 for unpaid taxes in Louisiana in 2005.. so I called Louisiana revenue and sure enough I owed them.. I went ahead and submitted the payment using my debit card to Performant thinking my account was closed and paid off until I got this letter today it's saying I stilled owe them $429.99, but this time the return address on the envelope was from performant in Aurora Illinois.. I don't know what's app can anybody out there help me or at least give me some advice.. respectfully, Jimmy Sullivan
Performant Recovery Inc. Harasment Techniques
Performant Recovery Inc. harassment techniques start with the daily phone calls both on your cell phone and at work. They are relentless and threatening to the point the have you believing they are the watchdogs of the IRS. My issue with them was that I have an agreement with the IRS for paying off my owed taxes for 2015 to cover the Obamacare penalties for not carrying insurance. Where this $8,960 Debt is now 60% paid off Performant Recovery, Inc wanted the whole $8,960 plus $4,766 in Penalties saying the IRS authorized them to collect it. Having contacted the IRS I was told my original agreement was still in effect and that Performant Recovery was doing this from a previous notification of debt owed to the IRS. To date, and over a thousand phone calls later I now ignore and hang up every time they call and continually add their number to my phones blocked number listing. They change numbers almost daily. Do not call their 800-866-5317 number. No one will ever answer. They record your phone number and the harassment phone calls begin. They are relentless bottom feeders! The only was they can get information on you is if your stupid enough to give it to them. Do not give them any information about Social Security, Banking, employment, ect. Steve Burch
Performant Recovery is a collection agency that makes well over $150 Million each year using extremely 'questionable' means. Below I provide what I believe is strong evidence that Performant acquires so many of its millions using illegal methods to 'recover' alleged debt it never lawfully purchased, and which often was never even owed to the alleged 'original creditor'. If this Company has contacted you, there is an almost 100% chance that you owe it nothing (proof is below). The purpose of this complaint is to provide information on how to quickly DEFEND YOURSELF, your FAMILY and your hard-earned money from what is considered by a great many who've dealt with it, to be a criminal organization.
My short Adventure with Performant: Company (Performant) contacted me demanding large sums of money I can prove I do not owe. I responded with Conditional Acceptance letters and Request for Production of Documents (sent several times, via email, mail, and certified First-Class Mail with Tracking requesting Verification of Debt. Tracking/Article # 7013 1090 0000 4498 XXXX); (see excerpts below) Performant had another group contact me, and both backed off immediately when I responded;
I thought the issue had been settled (after no sign of Performant for roughly 15 months), when I moved to Arizona, and Performant abruptly began calling me again incessantly, hundreds of times at home and at work after I had told them never to call me, having failed in their duty to provide any validation of debt's existence (naturally), or any ownership thereof, which is a Federal violation, demanding I pay a non-existent Student Loan they say I co-signed on. Student Loan Debt is now 1.4 Trillion, an increase in roughly 100 Billion PER YEAR over the past 8 years:
“Students who acquire large debts putting themselves through school are unlikely to think about changing society. When you trap people in a system of debt they can't afford the time to think. Tuition fee increases are a disciplinary technique, and by the time students graduate, they are not only loaded with debt, but have also internalized the disciplinary culture. This makes them efficient components of the consumer economy.” -Noam Chomsky (famous MIT Professor)
PERFORMANT will probably quickly move to take this complaint down and keep their tens of thousands of monthly victims clueless and thus helpless (but please do what you feel is best, I can defend myself and effectively respond to them if this Complaint is taken down without my consent).
“Whoever, under color of any law ... willfully subjects any person in any State ... to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both" - TITLE 18, U.S.C., SECTION 242
“fraus est celare fraudem. It is a fraud to conceal a fraud. 1 Vern. 270.” - Bouvier’s Maxims of Law
LIST of Facts, Laws and Legal References, illustrating the series of actions taken against me and my family by Performant Recovery, Inc., along with its legions of other poor victims already struggling under perpetual debt, high taxation, and now the recession:
1) Performant Recovery was told the following..
I agree to pay anything I legally and rightfully owe, when I am able, providing I am given complete proof. Please provide me with proof as follows:
a) An original contractual agreement signed by me, showing that I knowingly consented to transaction with original creditor. (Note: The original signed document alone does NOT verify the debt (it could have been wholly or partially paid back, signature could be forgery, contract could be non-binding, etc.)); "The contract in no way provides sufficient verification of the debt." -Spears v. Brennan, 745 N.E.2d 862 (Ind.App. 2001)
b) The Original LEDGER ACCOUNTING from Day 1 to the current (Where did all the funds go? How were the payments made? How were they credited?); "It is unfair to consumers under the FDCPA to hide the true character of the debt, thereby impairing their ability to knowledgeably assess the validity of the debt. One simple way to comply with § 1692e and § 1692f in this regard would be to itemize the various charges that comprise the total amount of the debt.”- Fields vs. Wilber Law Firm, 383 F.3d 562 (7th Cir. 2004)
c) Validation must come from the original creditor. - Wollman Letter (Federal Trade Commission); etc.
d) An original bill or invoice for the total amount claimed by you (Performant)
e) The name of a living man or woman of real substance (computer-generated data sheets are NOT witnesses) who is willing to attest to these facts by way of an Affidavit of Truth, and who is willing to take full commercial liability should his/her claims prove to be unfounded, false and fraudulent. “What is otherwise good and just, if sought by force or fraud, becomes bad and unjust." -3 Co. 78 Bouvier's Maxims of Law
f) Evidence that the original contractual agreement was legitimate and binding (i.e., made in good faith [not an attempted fraud, an issue I will cover below], full disclosure of all essential and relevant facts, a “meeting of the minds” [entails conscious understanding], etc.), while I may provide evidence to the contrary. Note: intentionally prolix Contract is written in legalese (words often have different and sometimes opposite meanings of normal English) with NO presumption that anyone seriously reads or (if they did) understands any of the encrypted verbiage they're signing. (Contract could have said you give up you agree to live in a tree dressed as a clown, it could say you give up all fundamental human rights: nobody would consider that “binding”)
“Things invalid from the beginning cannot be made valid by subsequent act" - Trayner, Max. 482.
g) Proof of the lawful transaction in which you purport to have acquired "my” debt, and proof that the debt was transferable. (often they bought ONLY an excel spreadsheet, explicitly labeled 'as is with all faults.'!!)
h) “If you claim to be acting on behalf of an original creditor, you must also identify the original creditor and provide verification from the stated creditor that you are authorized to act for them. Please also identify by name and address all persons, corporations, associations, or any other parties having an interest in legal proceedings regarding the alleged debt."
i) A strict accounting of all interest and fees, so that I may verify that your claims are not usurious or unenforceable.
j) Inclusive accounting proving that you or the original creditor suffered 'damages', for which you request 'relief'. (They WILLNOT provide this because they CANNOT. They LOSE the case immediately when you motion Court to force bank to reveal the essential accounting information [see citations for more info])
k) Any other evidence/facts relevant to the voracity of your claims.
“Ex dolo malo non oritur action.” (“Out of fraud no action arises.”) -Cowper, 343; Broom’s Max. 349. Bouvier’s Maxims of Law
2) Company continued contacting me despite the fact that I requested a cease to all communication, excluding apology or verification. (Harassment under FDCPA)
Note: There are many lies constantly promulgated by this desperate industry. The FDCPA should and DOES apply to Student Loans; and according to legal maxim and all Human Rights laws, as rooted in common sense (and basic morality), there is equal consideration under the law: the mere fact that a company- let alone an openly criminal agency - is haphazardly accusing you of something and may have acquired some personal information, you probably do NOT owe them anything, and NEVER give them your SS#, or anything other personal info.
a) According to 20 U.S. Code § 1095a (the exact law cited by Performant/ASA in their GARNISHMENT NOTICE, alleging it gives them Authority to take funds from anyone), it is stated explicitly in Section (a) Paragraph (3) that “The individual shall be provided an opportunity to inspect and copy records relating to the debt.”. This was explicitly asked for and denied. The law obviously NOWHERE even implies that I owe them any money nor that they have the right to collect any) Now after they've taken many thousands from my family, they finally respond with absurd papers their employees typed up on a computer 'proving' I owe them money. Papers do not include any of the evidence I requested. Note: “The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.” – 809. Validation of debts [15 USC 1692g](c) (Fair Debt Collection Practices Act[FDCPA])
b) This law also states under section (a) paragraph (2) that the accused has the right to “..an explanation of the rights of the individual under this section”, which was certainly not done accurately in the Notice Prior to Wage Withholding- quite the opposite.
3) Performant regularly malversates funds WITHOUT COURT ORDER or any legal proceedings (as happened in our particular case), claiming in writing that the targeted individuals have only one option: The “Right to Request a Hearing” in which THEY (the Plaintiff) are also the JUDGE and JURY, subjecting the unwitting to the "old run-around” (A conflict of interest is the polar opposite of a fair trial of course). In Arizona (here), Performant uses an allied private company 'ASA', which feigns to be a Governmental Agency for intimidation purposes, in order to Garnish Wages without ANY due process from many people. This is a clear Human Rights violation.
“No person shall.. be deprived of life, liberty, or property without due process of law.” -US Constitution, 5th Amendment
“Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations.” -Universal Declaration of Human Rights (UDHR- United Nations, International Law), Article 10 (The United States is a high contracting party)
(See also: ICCPR Art. 14(1))
Note: If you believe you are not bound by Supreme Court rulings, the US Constitution, or International Law, please SAY SO IN WRITING.
4) Performant operates under the premise that it may (trivially) accuse anyone of owing it any sum of money (as long as they also claim it's a Student Loan debt [because at the behest of the predatory Private Lending industry, US History's most hated congress has been trying to destroy even basic 'consumer protections' for student loans, such as Bankruptcy, Statute of Limitations, etc., and has turned a deaf ear to the hundreds of thousands of Complaints against the Collection Industry]), attempting to take full advantage of victims' ignorance and claim (incredibly) that you are legally presumed guilty upon accusation and thereby obligated to pay (as happened in my case).
This is all a blatant violation of United States' law and Internationally sanctioned foundational Human Right and legal tenet, the 'Presumption of Innocence', as established in: UDHR, Article 11, Sec. 1; (and also) European Convention for the Protection of Human Rights, Article 6 Sec. 2; (See also: ICCPR Art. 14(2); Magna Carta, etc..)
5) Provided is an example of a short series of related questions to help further establish the nature of Performant's claims against me (or any targeted individuals), all of which Performant refused to respond to in my case: "SINCE you claim I am obligated to pay you: A. Does your agency have an agreement, a contract in writing? B. Are you a depository or lending institution? C. Did you provide me any services or products? If you did, please list them and be specific. D. Did either of us rely upon the other to perform? E. When did you solicit my business or do you have any records showing that I solicited your business? F. If I owe you money as you claim, then what is your obligation to me?"
6) Performant had threatening letters sent (seeming or purporting to be from a Governmental Agency) making verifiably false statements to my Employers, defaming me in an ultimately successful attempt to intimidate and bully them into allowing Garnishment without Court Order against my will, and has now stolen from me, of $5,000 (yet no balance info/ monthly statements or any related subsequent info has ever been sent to me by the collectors).
7) Sending unsubstantiated claims around in the mail demanding money may be considered mail fraud (Performant is a mail fraud ring).
8) OTHER LAWS Company knowingly violates on a daily to bi-weekly basis: TCPA(Telephone Consumer Protection Act); FCPA(Fair Credit Reporting Act)- they constantly file falsely and never (to my knowledge) have proof (I will explain), when contested they never accurately verify, thus the negative entries are removed from the Credit Score- but not 1% of victims know how to do this; RICO Act (Criminal Organization)…
As supported and illustrated in good detail by thousands of complaints submitted against Performant on many venues, leaders of Performant Recovery send their minions out to steal money from Veterans, incessantly harass struggling single mothers, insult and abuse sick people, the elderly, etc.; they call family members and work-places to defame, fluster, humiliate, put jobs in jeopardy, harm relationships etc.), report endless false negative information on Credit Reports; they often steal whole bank accounts (any research especially by FBI or similar agencies can instantly verify all this). And statistically only a small fraction of people being abused by these agencies publicly report it, and many of the Complaints have been swept under the rug and otherwise 'removed' by the Agency's smokescreen team.
9) One lawyer, a specialist in dealing with the collection industry reported in his book: “In all my years I have not seen a single case handled correctly (legally by the collector), not one!”
Dave Ramsey (Multi-Millionaire Financial Advisor) to Chief Debt Collector on Talk Show as seen on youtube (note: I do not personally consider them 'scum', though they are certainly very vicious people): “I have dealt with people of your ilk... for 20 years, tens of thousands of cases. I didn't make this up; it wasn't a vague opinion that I pulled out of the air for the purposes of melodrama.. Collectors are sc*m, and you can tell they're lying if their mouth is moving. Is there a possible chance that one percent of them aren't? Yeah, but it's so narrow it's not worth even talking about...” We're gonna stop letting them.
These specific actions directed against me personally are all, of course, extremely trivial compared to the crimes Performant commits even every single work day. Those truly running Performant are completely aware that 100% of Bank Loans, Credit Card debt and Income Tax-related debts (which count for the vast majority if not all debt they collect) are both (A) not owed them or the alleged original creditor (I'll explain) AND (B) being collected using illegal methods. In this letter I will provide fundamental proof that the company not only breaks Federal Law (as of course Performant's lawyers claims to be wholly unaware of in our correspondence) daily, while debt is often double and even triple-charged by Performant (or more).
They may feign to be acting on behalf of an original creditor, they operate across many different states under many other, often similar names like Diversified Collections, Performant Financial Corp., etc., in order to confuse researchers, and lower the number of perceived complaints. The Collection Industry itself has even created an on-line 'do not poke' list of those who beat collectors in the past. I'll see you on the list :) . Bank of America has paid Billions for proven fraud. Just one of many examples: "Bank of America to Pay $16.65 Billion in Historic Justice Department Settlement for Financial Fraud Leading up to and During the Financial Crisis” -Department of Justice; Office of Public Affairs (August 21, 2014 Headline), but a few thugs running the Bank make HUNDREDS of BILLIONS perpetrating the fraud, so business continues as usual:
Ron Paul (on the Federal Reserve): “It's illegal, and what we've given to this so-called 'agency' is the authority to counterfeit money... They just enter something on a computer- 'OH, you need $20 BILLION today?! Here's $20 BILLION!' -but they got that out of thin air. It came out of THIN AIR! It goes to the treasury, the Treasury then pays the bills." (see citation)
So they print the paper (monopoly money that everyone's been tricked into pretending has value) to buy off senators or loan it to you at exorbitant interest so you can pay for often counterproductive services at monopolistic prices. This immediately devalues the money in all Americans' pockets (theft), and they tell you that you have to repay often two or three times as much (usury) or they'll take your ACTUAL, REAL, TANGIBLE PROPERTY! (and gained legitimately through years of hard work, not instantly created out of thin air with evil intent)
WHEN YOU TAKE OUT ANY BANK LOAN, it is your IOU (backed by your work, property, etc.) in exchange for their IOU (backed by nothing), and the BANKS OWN ACCOUNTING shows that the bank actually GAINED money from the transaction (the bank uses a 'Fractional Reserve' accounting trick to give themselves often 9x the money they 'loaned' you), and lost nothing. Due to the blatancy of the fraud, however, the the ruthless banks have lost over 10,000 Mortgage and Loan cases when people just forced the Bank to reveal the actual accounting sheet, which almost always shows the loan was a “fraud on it's face”; complete bank fraud. Why don't these ultra-rich “0.001-Percenters” just take their 90% of the wealth and kindly leave you alone to enjoy the crumbs in peace? (see citation: visual representation)
“Those 'puny little ants' outnumber us a hundred to one, and if they ever FIGURE THAT OUT, there goes our way of life! It's not about food, it's about keeping those ants in line!” -A Bug's Life (Disney Film)
Most Millionaires don't have much of a clue as to how the system really works; most are just paid by the real criminals at the apex of the corporate dictatorial pyramid (selects based on obedience) to robotically keep it running efficiently. Income Tax first began in 1913 and twenty years later the greatest economy on earth went bankrupt; many Medical costs have been raised over 800% in past 2 decades due to Government-sanctioned monopoly; extremely expensive "All-Children-Left-Behind" Schooling, and so on…
School in the US used to be free, and Countries with the best educational standards (Germany and Finland) have free education. Yet despite such a singularly huge cost, as the late Gore Vidal said famously on US National TV: “we (Americans) have the worst educated population of any first world country; and I hope you're listening, and I hope you KNOW that your lack of education is the joke of the world! ..It's not a very nice joke.”
But fear not, dear citizens! Come President Obama to the rescue, in his Special Interests' newfound deep concern for students suffering under their system, and heroically signs a new law that purports to take away private lending. Private Lenders now simply pay schools to jack up tuition past what you can borrow as a Federal loan and both University and Lender make a killing.
Even major supporters of Obama's loan forgiveness plan refer to it as “extremely selective” (typically rich cats with great lawyers only); Bill Gates (Ranked: #1 Wealthiest Man on Earth) said, his motto is “to those who have, more will be given...” ; and as Warren Buffet (Ranked: #3 Wealthiest Man on Earth) said, his three secrets to success are: “First, I was born in America (land of the free); Second, I have good genes; third, compounded interest”...
If you go behind on your loan payments for ANY reason (sickness, injury, financial hardship, and so on) then:
(1) lending company immediately charges late fees
(2) your 6.8% loan becomes a 29% loan
(3) Even if Social Security Declares you Totally and Permanently Disabled because you're crippled, you're still likely to have a large battle trying to enforcing it.
(4) According to Sallie Mae, When a co-signer signs the promissory note (i.e., the loan contract), he agrees to be “jointly and severally” liable for the loan, and thus is expected to step up to plate regardless of the primary borrower's ability or willingness to pay. (Sallie Mae is a For-Profit lender also openly owning some of the largest Collection Agencies in America)
(5) The co-signer retains full obligation even in the event of illness, disability or death.
Student loan debt is rising at a rate of $270 Million PER DAY, and defaulted loans are NOT eligible for forgiveness. For the rest who 'may be eligible', the information is often reported as 'very confusing'. This is why despite the incredible need, according to Government Statistics only 2% of individuals take ANY advantage of the reduction/refinancing programs. “...to those who have not, what little they have will be taken away.” (end quote)
“You don't learn anything in school. It's just a waste of time. You lug around books.. and do homework. I don't remember one thing I learned in school… My two and a half years at Erasmus High I wasted... The teachers are even stupider than the kids. They talk down to the kids. Half of them are crazy.” -Bobby Fischer (World Chess Champion, some experts believe most talented player in history)
"Education is what remains when one forgets what one has learned in school." -Albert Einstein
“We are lending money we don't have to kids who can't pay it back to train them for jobs that no longer exist.”
-Mike Rowe
Despite fewer jobs and an ever worsening economic situation, this additional punishment was levied on the backs of the American People. I for one will not fund these criminals. “Give me liberty or give me debt!”
Company is succeeding in its efforts because 99% of their targets don't defend themselves, or just throw money at lawyers who may be relatives or friends with opposing attorneys (they go to the same BAR), and get paid based on time spent (no incentive to win quickly, or even win) and usually know nothing but basic courtroom procedure and worthless case law (for example, 98% of schools in US and England don't even teach Constitutional Law, even though the Constitution is very small and easy to learn; the few schools who do (Yale, Princeton, etc.) teach it only as an ELECTIVE for those seeking career in Government), and are thus dependent on firms to provide them with basic fill-in-the-blank paperwork (HENCE the height to which these bank fraud and Debt Collection scams have been able to reach).
See citations for some basics on loan fraud and how you're probably a victim. I have acted in good faith and I can prove unconscionable agency Performant has not. I didn't want to have to find all the best lawyers and put all this research together; I went far out of my way to try and reason with them, but Performant's leaders (two in particular, whom we'll call 'Lazarus' and 'Scrooge') desperately want to be taken to trial for their endless crimes, and even their employees won't meet anyone half-way (even when others plead with them), "Judgement is without Mercy to them who have shown no Mercy. Yet Mercy triumphs over Justice".
They have shown they will tell any lies and pretend to use laws written to defend justice just as tools for trampling it; and we are not going to stop until I believe this is settled completely in a good way. To any retaliatory efforts directed against us, one of several friends will send different versions of complaint to MANY important places. There's nothing to fear, but even if you do, don't hesitate to protect yourself: "In skating over thin ice our safety is in our speed." - Ralph Waldo Emerson
"If ye love wealth better than Liberty, the tranquility of servitude better than the Animating Contest of Freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen."
- Samuel Adams, (Philadelphia State House, August 1, 1776)
"Behold, I give unto you power to tread on serpents and scorpions and over all the power of the enemy, and nothing shall by any means harm you!"
DISCLAIMER: "this is not 'legal advice'; if you want legal advice please seek a qualified attorney..."
Do not fear the collectors, they really 'know not what they do', and they are being scammed by the same system they serve, and their entire foundation is made of the ignorance this letter should dispel, and it may actually be useful to them (hopefully). REMEMBER that a Collection Agency is a BUSINESS, which means as soon as you make it “bad business” (i.e, perceived liability is greater than perceived benefits) they will leave you alone (or their business would cease to function).
They will not spend 95% of their time and resources collecting 5% of the money; they are looking for weakness. Remember anything you do against them is an act of kindness to others, and ultimately even them. If you're smart enough to spend 5% of your time protecting 15% (which may be easily over 30% of your money after taxes, all of which total over half your income) of your income from these criminals, then you might want to keep compiling and submitting reports and pressing criminal charges against them until they pay back all the money they stole from you (IF they stole from you).
The Company Performant Recovery, Inc sent me a delinquent debt notice stating that i owe taxes to louisiana department of revenue in the sum of thousands of dollars. My wife called them and they didnt want to talk with her and was basically not trying to answer her questions.
Not true
Performant is a third party collection agency that has LEGAL binding contracts with lenders. They cannot and will not disclose debts to a third party. In the state of Louisiana it is illegal to discuss the debt with your spouse anyway. You'll end up paying it though LEGAL garnishments/ tax offsets without your permission and without going to court anyway so good luck to you people. Maybe you shouldn't have signed the papers if you can't pay it back. Answer the phone and take care of your shit.
I believe they are a false company that harass people into giving them their money over a 9 month "program" to get out of deferment, or to reduce student loan debt. I would like this to be looked into at the very least and see what kind of scam they have going on
No Scam
PRI is legit. You're tripping over nothin. You really think they can make $150M a year by being a "scam" no. They're contracted by lenders that have them do the work they can't do. You realize how many people default on their loans? One company cannot take on half a billion accounts therefore contrcting these legal collection agencies.