Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

SORRELL v. ILLINOIS STUDENT ASSISTANCE COMMISSION

April 21, 2004.

CAMMILLE SORRELL, Plaintiff,
v.
ILLINOIS STUDENT ASSISTANCE COMMISSION, Defendant



The opinion of the court was delivered by: RICHARD MILLS, Senior District Judge

OPINION

The Plaintiff brings this action against a State Agency.

  The State of Illinois has not consented to be sued in federal court pursuant to the claims brought by the Plaintiff.

  Nor has Congress abrogated the State's sovereign immunity.

  Therefore, this case must be DISMISSED.

  I. BACKGROUND

  Cammille Sorrell alleges that she has been employed as a Legal Investigator at the Illinois Environmental Protection Agency since January 16, 2001. She owes an educational student loan totaling $14,200 to the Illinois Student Assistance Commission ("Defendant" or "ISAC"). Sorrell alleges that the Defendant is a financial aid center which distributes educational grants, scholarships, loans, and tuition support within the State of Illinois, and also functions as a collection agency for payments of its student loans and reports such actions to the major consumer credit reporting agencies.

  Sorrell claims that on July 13, 1998, the United States Bankruptcy Court for the Western District of Texas entered an agreed order requiring her to make monthly payments of $100 to the Defendant for her student loan debt. The payments were to commence on November 1, 1998, and continue monthly until the loan was paid in full. The order provided that no interest would accrue as long as the payments were timely made, and that Sorrell was no more than 60 days delinquent on any one payment.

  Sorrell says that on November 19, 2002, she was informed by the Comptroller of the State of Illinois that $285.23 had been withheld from her paycheck. The reason for this action was that ISAC had advised the Comptroller that she was in default in paying her student loan. Sorrell was not notified before the action was taken. After she contacted the Illinois EPA Payroll Department, the Defendant ISAC, and the Comptroller, Sorrell alleges that it was determined that the wage garnishment was in error and that she would be issued a check for the garnished wages within one week.

  Sorrell states that she received a letter in August 2003 from Discover Personal Loans notifying her that her application for a personal loan had been rejected. The reasons given for the rejection were collection activity on her credit reports and past and/or present delinquent credit obligations. Sorrell says that on October 7, 2003, she sent ISAC a letter requesting that it revise the information it was reporting to the various consumer credit reporting agencies. She claims that her credit reports were erroneously indicating that a $900 balance was past due and her account was 120 days past due. Sorrell asserts that ISAC responded with a letter dated October 10, 2003, wherein it stated that it had reported erroneous account information to the three major credit reporting agencies, and it would continue to report erroneous information until its billing statements could be fixed.

  Sorrell next alleges that she received from Discover Platinum a credit card application rejection letter dated October 17, 2003. A primary reason given for the rejection was collection activity on her credit report. She claims that she received from People's Bank of Connecticut a letter dated October 29, 2003, informing her that her application for a credit card had been rejected. A primary reason given for the rejection was that her accounts were 90 days past due on her credit report. She states that she received from US Bank a letter dated October 30, 2003, wherein she was informed that her application for a credit card had been rejected. The primary reasons given for the rejection were delinquency in account payments and collection activity on her credit report.

  Sorrell relates that on October 30, 2003, she sent Defendant ISAC a notice of her intent to pursue legal action because of ISAC's failure to revise its credit reporting procedures and credit information pertaining to her account and due to its illegal garnishment of her wages. Sorrell subsequently asserted this pro se action pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA") and the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. ("FCRA"). She purports to allege three claims pursuant to the FDCPA and three claims pursuant to the FCRA.

  ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.