Product: Debt collection

***The entirety of this complaint is written by me, the consumer*** BELOW ARE FIVE VIOLATIONS OF THE FDCPA made by DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15 U.S.C. 1692e 15 U.S.C. 1692f 15 U.S.C. 1692g ( a ) ( 2x ) VIOLATIONS of 15 U.S.C. 1692g ( b ) EACH VIOLATION WILL BE SUBMITTED SEPARATELY 1. I recently became aware of a default judgment entered against myself in favor of DISCOVER BANK, represented by ATTORNEY XXXX XXXX of XXXX XXXX XXXX XXXX XXXX, XXXX. 

2. Prior to discovering the default judgment, I received correspondence from DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX, regarding a separate matter, which was delivered on XX/XX/XXXX. I promptly responded on XX/XX/XXXX, but received no reply, raising concerns. 

3. Following the lack of response, I conducted an online search to verify the legitimacy of XXXX XXXX XXXX XXXX XXXX, XXXX, and to determine if there were any pending cases. During this search, I discovered the existence of this lawsuit, and the default judgment entered against me. 

4. I had not been served with any summons or complaint and was unaware of the lawsuit before this discovery. 

6. As a result of the improper service, I was deprived of the opportunity to request validation, leading to a default judgment that would not have otherwise been entered. 

7. I have not received proper validation of the alleged debt, as required by law, and therefore can not confirm its nature, or XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  legal standing to collect. Accusing me of a debt without validation is both procedurally improper and fundamentally unjust. 


IMPROPER SERVICE AND ACTIONS BY THE PROCESS SERVER DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX XXXX XXXX proof of service falsely claims I was served by tacking the summons and complaint to the door of an OUTDATED ADDRESS, on XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX. However, I ceased residing at this address in XX/XX/XXXX. 

2. I relocated from the OUTDATED ADDRESS, in XX/XX/XXXX, subsequently living at another address before moving to my current address, in XX/XX/XXXX. I have resided continuously at the current address since that time up until this day. This timeline confirms that DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX XXXX XXXX service of process to the OUTDATED ADDRESS in XXXX was improper and invalid, as I had not resided there for over seven years. 

3. On the date and time of the alleged service, I resided at my CURRENT ADDRESS. At no time did I reside at or visit the OUTDATED ADDRESS, as recorded by the PROCESS SERVER, on XX/XX/XXXXXXXX XXXX XXXX 

5. The PROCESS SERVER improperly posted the summons and complaint at the OUTDATED ADDRESS and subsequently filed a false affidavit of service. This action misrepresents my location and creates a false impression of valid service, which undermines the integrity of the judicial process. 

6. DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX, XXXX failed to exercise reasonable diligence in verifying my current address prior to attempting service, despite having access to credit reports, voter registration records, correspondence records, and other publicly available information. 


XXXX XXXX XXXX XXXX XXXX XXXX XXXX KNOWLEDGE OF MY CORRECT ADDRESS AND FAILURE TO VALIDATE DEBT : 1. DISCOVER XXXX XXXX XXXX XXXX XXXX, XXXX sent correspondence related to the alleged debt to my former, OUTDATED ADDRESS. This correspondence, dated XX/XX/XXXX, requested a response by XX/XX/XXXX. 

2. I first became aware of the correspondence sent by XXXX XXXX XXXX XXXX XXXX, XXXX regarding the alleged debt on XX/XX/XXXX, during a visit to my OUTDATED ADDRESS. 

3. I sent a validation request on XX/XX/XXXX, demonstrating my good faith in addressing the matter. 

4. DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX XXXX later sent another letter to the OUTDATED ADDRESS, dated XX/XX/XXXX, demanding payment for the alleged debt before the expiration of the statutory timeframe for response, which was XX/XX/XXXX. This premature demand for payment violated my rights under the FAIR DEBT COLLECTION PRACTICES ACT ( FDCPA ), which requires debt collectors to allow the full 30-day period to elapse before initiating further collection activities. 

5. Although DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX, XXXX initially sent all correspondence regarding the alleged debt to an incorrect and OUTDATED ADDRESS, they later demonstrated awareness of my correct address by subsequently sending correspondence to my CURRENT ADDRESS. Despite this knowledge, DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX, XXXX improperly proceeded with the case without ensuring proper service to me at my CURRENT ADDRESS. 

6. DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX, XXXXXXXX XXXX failure to respond to my validation request, insistence on demanding payment before the deadline, and reliance on outdated address information constitute negligence and bad faith. This conduct violates the FDCPA. 

7. DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX, XXXX has proceeded to submit garnishments and liens based on the improperly entered default judgment. These actions are the direct result of the DISCOVER BANK and XXXX XXXX XXXX XXXX XXXX, XXXX '' XXXX failure to properly serve me, depriving me of the opportunity to respond and defend myself against the lawsuit.