Consumer complaint received 2020-11-03
Company: DISCOVER BANK
State: WI
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I wrote this to a member of Wisconsin 's Department of Financial Institutions I know it's been a little over a year since our first contact. Due to Covid my processing in fighting this judgement. A few weeks ago I represented myself in a De Novo hearing in the XXXX County XXXX circuit court. 

The judged ruled in Discover Banks favor, chiding me that I had " waited to long. '' His comments about this not being " much money '' were at best insensitive. While just below what could be considered small claims any claim of Garnishment against my teaching salary would be very hard to manage given my wife 's professional practice has struggled in Covid as she adapted to doing more online. 

My argument has been since starting to fight this that I was " sewer served '' back in XX/XX/XXXX as agents acting on behalf of XXXX XXXX in XXXX. The agents filed an at best errant affidavit claiming to have found me home on a night when I was at a meeting of a non-profit, XXXX XXXX XXXX, that I was a board member of. Evidently XXXX XXXX found that a clear violation of my 4th Amendment Rights under the Federal Constitution insufficient. Do my constitutional rights have a statute of limitations. 

The Affidavit of Service arrived on the afternoon before the morning of the scheduled hearing. I wrote the law firm and I was unaware that no official communication with the court could be sent via email stating that any business I had with Discover Bank ended in XXXX but my wording could have been far more concise and not as polite. This letter " showing knowledge '' of the action, but not within the statutory limits of proper notice was used to a club by XXXX. Had I done nothing I would likely not be writing this to you as it would have been very clear that XXXX had crossed a line in my rights as a consumer. 

At the initial appearances before a court commissioner my witnesses provided sworn testimony to my presence at the meeting. My wife, then fiancee, had a note in her professional calendar that I would be at a meeting that evening so she would not schedule clients as at the time my XXXX stepson still lived with us and still needs constant supervision. Even when XXXX called upon the same agency to serve me to a " garnishment '' meeting they were very cavalier with my rights to proper notice, serving me just four days prior to the scheduled hearing. 

The initial summons lists XXXX XXXX XXXX as the represented party. XXXX XXXX was " reacquired '' by Discover Bank after XXXX XXXX developed a reputation for creating records for debt well beyond the statutory limit of collections and selling these lists of Ghost Debt to firms like XXXX XXXX, In Wisconsin this is an absolute limit which given I hadn't used a credit card or made any payments since the early XXXX XXXX anything my job crisis in XXXX I may have owed was and still is well out of the window of legal collection. Initially prior to retaining the council of XXXX XXXX I called Discover Bank 's Legal and Collections Department. They had no record of me owing anything until my Attorney called them. 

XXXX XXXX filing coincided with XXXX County opening the Civil Courts to electronic filing. A week after I wrote my email thinking I had taken sufficient action to address the matter I heard a story on Channel 27 's news broadcast about a large volume of civil suits against consumers had been filed and if a defendant showed up and challenged it the pursuing " plaintiff '' usually had no evidence to prove a debt was owed. If I had only not needed to be somewhere else at XXXX XXXX on XX/XX/XXXX I may have showed up out of principle that something was amiss. 

When you have had collection agencies hounding you to a point where going to the mailbox nearly caused panic attacks. Anything I had ever seen from XXXX never was opened prior to the judgement that was obtained or after. At times there was nothing but shame from circumstances of being laid off from a job because I was " too expensive '' under Act 10 and finding it impossible to find work in my field because I had too much education and experience. 

I am hoping you can be of assistance in this matter. I am hoping it's not too late to find that XXXX XXXX at best cavalier approach to debt collection and gotcha tactics aren't left unchecked. I am hoping you can help me restore some faith in the system. 

Sincerely XXXX XXXX XXXX XXXX Some Additional Information : Received and accepted a summons for a hearing prior to garnishment late XX/XX/XXXX. 

This summons was accepted on a Friday with the hearing the following Tuesday. This service was not compliant with Wisconsin Statutes with proper service. 

Prior to retaining the services of an attorney called Discover Bank. They had no record of a recoverable debt or a debt that was in collections or part of an effort to recover a debt by legal settlement. In their words they stated that I owed no recoverable debt at the time XXXX XXXX was attempting to collect from me. 

The debt/settlement was not on my credit report prior to my then Attorney XXXX XXXX contacting Discover Bank. 

Case in Wisconsin Circuit Court is ... XXXX. The settlement was obtained in " small claims '' court. 

The 4th Amendment gaurentees my right to due process where the loss of liberty or property is at stake. XXXX XXXX in their actions as a collections agency has trampled my rights under the Constitution. 

My wife attempted to file a complaint on my behalf but this was done while the case was still open and scheduled for hearing in the XXXX County ( Wisconsin ) circuit court.

Company response to consumer: Closed with explanation