Consumer complaint received 2017-05-30
Company: DISCOVER BANK
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Debt Collection complain : To whom it may concern :  XX/XX/XXXX  On XX/XX/XXXX    XXXX   XXXX   XXXX     XXXX   XXXX   XXXX   XXXX  .,   XXXX   XXXX  ,  XXXX , Fl. XXXX  illegally placed a garnishment on a checking account held by   XXXX   XXXX   XXXX   ,   XXXX   XXXX   XXXX   Fl . in the names of   XXXX   XXXX   and   XXXX   XXXX   in the amount of   XXXX   XXXX  .for a delinquent credit card account held by Discover Card with   XXXX   XXXX   as the sole debtor.
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The debt is acknowledged by   XXXX   XXXX  . the undersigned, but, as   XXXX   XXXX   XXXX  . was unable to garnish my social security income, they chose to illegally attach my wife   XXXX   XXXX   account for this amount.. I am a signator on this account, for safety purposes, but it has been totally and exclusively funded for some 15 years through payroll deposits from   XXXX   XXXX   position as an   XXXX   XXXX   XXXX   for the   XXXX   XXXX   XXXX   XXXX   XXXX  . Florida statute protects my wife 's account from garnishment by virtue of my non participation in the funding of this account. Additionally, I question by what means   XXXX   obtained a court order as, had the court been advised of the facts, the petition to garnish would not have been granted, Additionally, I have received neither written notice nor any opportunity for a hearing in order to answer a proposed garnishment from  XXXX , either before or since this illegal seizure. I did receive a phone call approximately three weeks ago during which I stated that at  XXXX  years of age I was unable, at this time, to honor this indebtedness and thought, after approximately three plus years, Discover would have charged offoff this credit card debt..
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On Thursday, XX/XX/XXXX , when I checked   XXXX   XXXX   account and found a   XXXX   balance, I contacted   XXXX   XXXX   of  XXXX , informed him of the illegality and received an unsympathetic, rude reply that he was not an attorney and payup was the only solution. Further, I advised him that I had not received written notice or an opportunity for a hearing, as was my right, and he indicated that this was not his problem.. I contacted   XXXX   XXXX   XXXX   and they informed me that legalities were not their pervue and had no choice but to honor the court order. Discover, contracted with   XXXX    directly to secure some repay. They did not sell the note. They expressed concern about   XXXX   XXXX   actions and are in the process of investigating this incident. The long holiday weekend has delayed their findings as of this writing As earlier stated, I am  XXXX  years of age, solely supported by social security.   XXXX   XXXX   actions were an obvious act of Elder Abuse. They capriciously and illegally garnished my wife 's account of {$1600.00} when my social security account was sacrosanct. They had to realize that this action would adversely effect our abilities to pay necessary monthly bills such as mortgage, electric, car insurance etc., as well as food and daily living expenses, yet they wontonly chose to take this illegal action, mislead the court by omitting full disclosure and cause my family undue duress and complicated financial peril. I personally am under constant care at the   XXXX   XXXX   in   XXXX   XXXX   XXXX  , Fl. for   XXXX   XXXX   and  XXXX  issues as well as normal old age problems. These capricious, cruel, purposeful and illegal actions by  XXXX , possibly without the consent of Discover, have exascerbated my   XXXX   XXXX   XXXX   issues.. Elder abuse at its worst.
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I would humbly and respectfully entreat your agency, through its good offices, to order  XXXX /Discover to return   XXXX   garnished monies in the amount of {$1600.00}. and further sanctiom   XXXX   XXXX   XXXX    for this illegal and cruel act. If Discover knowingly allowed   XXXX   XXXX   action, then their involvement should be equally sanctioned.
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I thank you for this avenue of complaint and would hope that this advisement will prevent the   XXXX   of the world from exacting their illegal measures on their helpless and uninformed victims, age notwithstanding.
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Thank you.
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  XXXX   XXXX   XXXX     XXXX   XXXX   XXXX   XXXX     XXXX   XXXX   XXXX  ., Fl .  XXXX    XXXX   XXXX   XXXX   cc :  XXXX  Discover   XXXX   XXXX   XXXX

Company response to consumer: Closed with explanation