Class action against student loan guarantor ECMC for financial fraud
SANTA ANA, CA, March 21, 2024 – Investigation of financial fraud by banks in the mortgage industry abounds, but financial fraud by guarantor agencies in the student loan industry remains largely undetected thanks to laws that help insulate the industry from consumer laws and debt disclosure. However, in a federal action in Orange County California, a student loan debtor has evidence of financial fraud. He alleges Educational Credit Management Corporation (“ECMC”) refused to provide him access to documents, refused to correct an inflated interest amount, refused to allow payoff, and refused to provide a hearing and due process prior to garnishment and intercepting federal income tax refunds.
The defendant student loan debtor has filed a third party class action complaint against ECMC and others on behalf of himself and similarly situated debtors. The class certification motion is now set for May 7, 2012.
Student debtors have long complained of obstruction from ECMC. The ripoffreport.com alone lists more than twenty complaints against ECMC.
ECMC recently assigned the debt to the U.S. Department of Education which is the plaintiff in the suit. Thus far, plaintiff has been unable to produce the key documents regarding the debt. Further, the plaintiff has asked the court to deny the defendant a jury trial based solely on the alleged application pages and a bureaucrat’s declaration that the amount demanded is accurate (based on unidentified documents that have not been produced). That motion is set for April 2, 2012.
If you or someone you know has been the victim of obstruction from ECMC, contact the Law Offices of Jerold M. Gorski, at PO Box 60740, Irvine, CA 92602 or jeroldmgorski@yahoo.com.
Press Contacts:
Law Offices of Jerold M. Gorski
PO Box 60740, Irvine, CA 92602
714-928-2842
Details:
U.S.A. v. Jerold Gorski, Case No. 2:11-cv-04252-AG, U.S. District Court, Central District - Santa Ana, Judge Andrew Guilford; court documents available online at pacer.gov.
Class action: First amended third party class action complaint at Court Docket Item #35.
Financial fraud evidence: Court Docket Item #89-1 and exhibits.
Motion to compel documents denied:
Discovery request quoted at Court Docket Item #39, at page 13 of 35 through page 17 of 35.
Discovery request filed at Court Docket Item #63-1, at page 6 of 22 through page 12 of 22.
Government’s written responses filed at Court Docket Item #39-1.
Sworn uncontested testimony of documents not produced filed numerous times, including at Court Docket Item #39, at page 18 of 35, and Court Docket Item #63-1, at pages 2-3 of 22.
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