Consumer complaint received 2020-09-29
Company: DISCOVER BANK
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
On XX/XX/2020 I mailed a negotiable instrument ( check, money order, federal reserve notes etc ) to an attorney XXXX XXXX XXXX at XXXX XXXX XXXX XXXX in regards to a XX/XX/2020 court order signed by XXXX XXXX XXXX of XXXX County District Court in reference to a credit card account # XXXX. I sent all correspondences through a disinterested third party, a Notary Public evidenced by certified mail tracking and return response. I did not dispute any of Ms. XXXX 's facts or the ruling made by the judge but sought to honor the debt that is outlined. After sending a negotiable instrument toward the satisfaction of the debt I gave Ms. XXXX 30 days to respond through the notary that she had removed the debt from the public registry or had a reason why she could not. Ms. XXXX did not respond to that first correspondence. On XX/XX/2020 I sent a Notice of Non-response and Opportunity to Cure to Ms. XXXX through the Notary Public to give Ms XXXX an opportunity to cure the error or state why she was unable or unwilling to do as required by my correspondence and law that she relied on for not doing so along with a second negotiable instrument toward the total satisfaction of the debt. I gave Ms XXXX ten days to respond, she did not respond to the notary. Ms XXXX and XXXX XXXX XXXX XXXX after receiving both the first and second mailings did not cure their dishonor, did not send a notice stating that they did not receive the mailings or that they needed more time nor did they send a notice of dishonor from a qualified party excusing their refusal. I then sent a Notice of Default to Ms. XXXX and XXXX XXXX XXXX XXXX through the Notary Public in regards to the matter and gave them an opportunity within ten days to do as required by the first correspondence or state a reason why they failed to do so. Again, they failed to respond. A final correspondence was sent to XXXX XXXX and XXXX XXXX XXXX XXXX in the form of a Confirmation Letter as well as all of the previous correspondences. The law states that one must respond to a business letter when it is received in a reasonable time and if not the recipient of this letter is forced to adopt the declarations made in that letter. A negotiable instrument once presented towards the complete discharge of an obligation must be accepted and if not a notice of dishonor must be sent to the sender giving the sender an opportunity to correct their error. Ms XXXX and XXXX XXXX XXXX XXXX did not respond in regards the negotiable instrument ( s ) they received towards the complete satisfaction of the debt. By law the debt is discharged. XXXX XXXX XXXX and XXXX XXXX XXXX XXXX are in violation of many laws mainly those of the Fair Debt Collection Practices Act that oversees the conduct of debt collectors of which XXXX XXXX XXXX XXXX claims to be publicly. The entire process I have recounted is evidenced by Notary Public and under seal. The agreement reached between XXXX XXXX XXXX and the debtor on file is made under full commercial liability and witnessed not only by the aforementioned Notary Public but the United States Postal Service as well as a United States Government Official who will is named in the correspondences pertaining to this matter. If any claims that the balance on the account referenced by # XXXX is anything other than XXXX  and that it is not closed please forward the email, letter, fax etc to me as this is evidence of violations to the Fair Debt Collections Practices Act and subject to fines.

Company response to consumer: Closed with explanation