Consumer complaint received 2017-06-07
Company: DISCOVER BANK
State: WI
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
On XXXX XXXX 2017, I appeared for a Order for Examination hearing for the small claims judgment that was awarded against me. I was sworn in by the Court Commissioner XXXX XXXX. XXXX XXXX  was the Attorney for Discover Bank and conducted the exam by phone. The Commissioner stepped out of the room.
About 6-7 minutes into the exam, Attorney XXXX asked which company I worked for. I answered XXXX XXXX XXXX, which he did not understand. I repeated myself twice more and he still failed to understand what I was saying. He then demanded that I spell " XXXX  ''. I spoke the word " XXXX '' three times in a clear manner. After this Attorney took a very negative and abusive tone against me and threatened me by saying '' We can make this easy or we canmake this difficult ''.
At this point I immediately felt threatened and intimidated. I immediately requested to have the Commissioner step back into the room to deal with the situation. At this point Attorney XXXX took a much more professional tone.
We have intentionally not filed for bankruptcy protection being that we are strongly convicted to make good on our debts, but when a collection lawyer takes an abusive manner it makes it especially difficult to move forward. I have answered every question and supplied everything that was ordered by the Commissioner.
Dealing with Attorney XXXX XXXX threatening manner has been especially stressful and I was unable to perform my duties at work that day as I am usually able to due to the added stress.
There was a second issue that was especially concerning and raised a question in my mind as to the integrity of the Court System as a whole. On the original Order to Appear before Court Commissioner that I was served with, it specifically states that " IT IS FURTHERED ORDERED that the costs to serve you, and the costs to conduct this hearing, shall be assessed against you in favor of the creditor ''.
At the hearing, I questioned Commissioner XXXX if he had the authority to order that these costs be assessed against me in favor of the creditor. He stated that he did not and verbally told Attorney XXXX that he was not ordering these costs. He appeared to be back pedaling when questioned about this. I asked Commissioner XXXX if Attorney XXXX supplied the form. His response was that he assumed so and that his office did not produce the form. I questioned Attorney XXXX if he had produce the form, which he acknowledged that he did. I am curious how many of these forms have been sent out for other hearing as this by both Attorney XXXX  and his company XXXX XXXX XXXX and whether it is common practice to have unsuspecting Commissioners order things that they do not have the authority to do so.
I am highly concerned about Attorney XXXX XXXX apparent manipulation of supplying a document to Commissioner XXXX that Ordered costs to be assessed when the Commissioner did n't have authority to do so. In addition, I am also highly concerned about Commissioner XXXX XXXX lack of understanding of what he was signing.
I am asking that an investigation be held into Attorney XXXX XXXX threatening and manipulative tactics and that he be held accountable for doing so. It is unfortunate that people like him do not have a better manner to deal with these situations, unless they are under scrutiny of a Court Commissioner ; and now the government. Please address these complaints.

Company response to consumer: Closed with explanation