Consumer complaint received 2023-10-09
Company: DISCOVER BANK
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
CAL CODE OF CIVIL PROCEDURE 337. Written obligation ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Written obligation ; Four years Within four years : ( a ) An action upon any contract, obligation or liability founded upon an instrument in writing, except as provided in Section 336a ; provided, that the time within which any action for a money judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, following the exercise of the power of sale in such deed of trust or mortgage, may be brought shall not extend beyond three months after the time of sale under such deed of trust or mortgage.

( b ) An action to recover ( 1 ) upon a book account whether consisting of one or more entries ; ( 2 ) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing ; ( 3 ) a balance due upon a mutual, open and current account, the items of which are in writing ; provided, however, that if an account stated is based upon an account of one item, the time shall begin to run from the date of the item, and if an account stated is based upon an account of more than one item, the time shall begin to run from the date of the last item.

( c ) An action based upon the rescission of a contract in writing. The time begins to run from the date upon which the facts that entitle the aggrieved party to rescind occurred. Where the ground for rescission is fraud or mistake, the time shall not begin to run until the discovery by the aggrieved party of the facts constituting the fraud or mistake. Where the ground for rescission is misrepresentation under Section 359 of the Insurance Code, the time shall not begin to run until the representation becomes false. 

( d ) When the period in which an action must be commenced under this section has run, a person shall not bring suit or initiate an arbitration or other legal proceeding to collect the debt. The period in which an action may be commenced under this section shall only be extended pursuant to Section 360.

Californias Statute of Limitations on Debt The statute of limitations on debt in California is four years, as stated in the states Code of Civil Procedure 337, with the clock starting to tick as soon as you miss a payment. The limitations period begins to run as soon as the cause of action accrues ; that is, from the occurrence of the last element essential to the cause of action. ( Neel v. Magana, Olney, Levy, Cathcart & Gelfand ( 1971 ) 6 Cal.3d 176, 187. ) Reporting this misinformation is in direct violation of my consumer rights stated in : FCRA 15 USC section 602, 15 USC 6801, 15 USC 1681 section 604 a section 2, 15 USC 6802 ( b ) ( c ), 15 USC 1681C ( a ) ( 5 ), 15 U.S. Code 1681s- 2, 15 U.S. Code 1681 e, 12 CFR 1016.7

Company response to consumer: Closed with explanation