Consumer complaint received 2019-03-01
Company: DISCOVER BANK
State: NJ
Product: Debt collection
Sub-product: I do not know
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
On Tuesday XX/XX/XXXX, I was notified by my bank that a hold/freeze was placed on my account. I was given a phone number to contact ( which was to XXXX, XXXX & XXXX XXXX, XXXX ), but not given any specifics as to why the funds were on hold, but that there was only a legal hold and that my bank must honor it. All of the funds in my account were placed on hold and I am still currently unable to access any of them. This includes funds I need to pay for child support as well as my rent and life saving medication. It is important to note that I have never been in contact or received any communication from this firm. I currently reside in New Jersey and the firm operates and somehow obtained a Judgment against me in Pennsylvania. I contacted the firm immediately to discuss the file. I was given no details as to my account and was told that I must give them my full social security number in order for them to look up my account. Having no choice, I agreed to their demands. They located my account and gave me an office file number. I was then transferred to a department and was promised that if it went to voice mail that I would be called back immediately. I called the office twice each day for 4 days. Each time I was told that no one was available to take my call and each time I was transferred to a voice mail. In the interim I did some research as to what had happened with my account. A judgment had been filed on XXXX and was subsequently entered against me on XXXX. There is no information regarding service of the Summons and Complaint ( I have attached the court paperwork. At the District Court level is always available on the website ) When I inquired with the court as to the service, they would not give me the specifics as to the service, but that it had allegedly occurred on XX/XX/XXXX, which would be on a Sunday, and 2 days after the Judgment had been entered. I again reiterate that I live in NJ and did not receive any of this paperwork that was allegedly sent almost a year ago. I also finally was able to find out on my own that this was for a Discover Bank file. The office has not given me any information as to the account, including balance owed, date of charge off or any other information. I have not received a letter of acknowledgment as of yet that is supposed to be sent ( In accordance with the FDCPA ). On XX/XX/XXXX, I was finally able to speak with attorney XXXX XXXX with the firm. He did not provide me with any account information as to what their office was collecting for or any information as to the status of my case. I was not given the XXXX in any of my communications with the firm, including when attorney XXXX XXXX spoke candidly about my account information. Other than in my original communication with the office did they confirm any right party contact information. I was never asked my name in any calls, despite them speaking candidly about my account and actions taken. When speaking with XXXX XXXX at XXXX XXXX on XXXX, I informed him of the situation regarding me never receiving documentation, and living out of state. I also explained that that I believed the Judgment was invalid as service was not made prior to Judgment being entered. If I was in fact served, I would have not had a chance to respond accordingly. XXXX understood the situation and stated that he or someone in his office would contact the court and call me back promptly. I advised that I needed to have this resolved today as I have had no of my funds available now for 4 days. He vowed to look into it and have someone reach back out immediately. I did not receive any calls from them after that. I called their office back at XXXX XXXX on XXXX. I again spoke with XXXX and asked for an update. He advised me that he never reached out to the court. He also stated he did not know how much was on hold, but they were proceeding and that I could file whatever paperwork I deemed necessary. I again reminded him that they had never contacted me and advised him that I believe that they are trying to collect on an invalid Judgment and possibly the wrong person. He did not seem to pay any mind to that and said they intend to proceed. I asked if there was any other way we could resolve this and he declined. As a final note, I was never made aware if this firm had been recording my calls. If they were I would not have spoken with them and specifically not given my social security number over the phone with them. In Pennsylvania the opposing party must advise and confirm that the other party is ok with the call being recorded.

Company response to consumer: Closed with explanation