Consumer complaint received 2024-08-25
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: DISCOVER BANK (NC)

My complaint is against Discover Card because they violated my rights by taking legal actions against me without notifying me prior to filing a Judgement and Execution Order. My last communications with Discover Card was in XXXX. Since XXXX I had no contact with Discover Card. No calls or correspondence. In XXXX I was diagnosed with an XXXX XXXX XXXX that impacted my health and employment and life style. My entire world was shattered, however, I am thankful to be alive. XXXX XXXX XXXX are not curable and my life is like a roller coaster day to day. I lost work hours and wages, accumulated medical expenses and was trying to maintain a roof over my head and food on the table. I contacted Discover Card and set up a payment arrangement, but it began a struggle to keep up due to the lack of funds. The stress of this hardship took a toll on my finances and health. My intention was to some how start making payments again, but then the XXXX  ( XXXX ) came about and having a compromised health condition I was not able to work and received even less income then when I originally became ill in XXXX. 

On XX/XX/XXXX, a XXXX XXXX was at my door with a ( Judgement ) Motion to Claim Exempt Property notice. I was frighted because I was never notified prior to receiving that a XXXX was being filed against me. I was scheduled for XXXX on XX/XX/XXXX with a XXXX week XXXX XXXX  and 10 days to file the papers and I didn't want to get stressed out and get XXXX  about this because I had so many questions about this, so I thought it was best to follow the instructions on the document fill it out the best as I could and just submit the papers and ask the clerk questions. I immediately submitted the judgment response to the court on XX/XX/XXXX. I asked the court clerk what were the next steps and they said I would hear back from Discover card within 3 months or so. I waited to hear from Discover to share my concerns and ask questions, but I never received a call or letter from them regarding the Judgment. 

On XX/XX/XXXX, I returned home from an appointment to find a calling card on my door from the XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX XXXX. I called the number of the calling card that day XXXX because I was panic stricken because I never heard back from Discover Card. On XX/XX/XXXX I left another message for XXXX XXXX. Then, on XX/XX/XXXX I left another message from the XXXX to please return my call me that morning because I had appointments and didn't want to miss his call. The deputy returned my call that morning and explained that Discover Card has filed an Execution order against me and he informed me the original balance was {$7400.00}, but with past due and other fees the asking balance is {$9700.00}. He asked what I could put towards the balance, I informed him that I have no money, or property as a result I live in affordable income based housing for seniors. I asked the duty how could Discover file an execution and judgment without contacting me. He stated they mailed me a letter on XX/XX/XXXX and XX/XX/XXXX. I asked who signed for the letters because I didn't and I live alone and I have not received any kind of contact or communication about this matter and I receive all of my mail without any problems. The deputy said that Discover mailed letter to me at my current address. 

FIRST, I explained that I did not reside at this address in XXXX and again I have not heard or received any communications about my Discover account since XXXX. Due to my change in income and medical conditions, I had to move into affordable housing and income based apartments for senior cititzens otherwise, I would have been home-less because my income had decreased, therefore, I had to make multiply life style changes due to my health and finances ( I can prove all of this ). The judgment notice that I received in XXXX XXXX was the first time I heard anything about my Discover card since XXXX. I stated to the deputy that Discover is treating me unfairly by escalating and harassing me with legal matters that I didn't know about. Even after returning the documents to the court in XXXX, I still never heard back from Discover as the clerk said I would or anything about it until The deputy left a calling card on my door on XX/XX/XXXX. XXXX XXXX stated he would contact Discover and get back to me and I have not heard from him yet. So I have not received the execution yet. I really don't know what's on it. 

I am a responsible person not a dead beat person. I never thought I would be in a situation like this. Unfortunate circumstances occurred in my life beyond my control and it became a hardship to make ends meet. I am not a deadbeat person. I tried to maintain my finances to the best of my ability until I could no longer do it. Discover has the right to request payment for debits, but they should do it in a legally right way. They are taking advantage of a person in my situation by treating me unfair and doing what they want to day as though I am nobody with no rights. Well, I am somebody, I am a citizen, a mother, a grandmother, a sister, daughter, cousin, aunt and a child of XXXX. This is very stressful matter for me. I had to answer questions from the leasing office for a sheriff seeking me. I had to assure the office I had no criminal charges because that is a violation of the lease. 

somebody, I am a citizen, a mother, a grandmother, a sister, daughter, cousin, aunt and a child of XXXX. This is very stressful matter for me. I had to answer questions from the leasing office for a sheriff seeking me. I had to assure the office I had no criminal charges because that is a violation of the lease. 

This has been an embarrassing/upsetting ordeal for me and I could use your guidance to in this matter.