Consumer complaint received 2024-01-04
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: DISCOVER BANK (WA)

A company called me this morning asking for XXXX XXXX or XXXX XXXX, both of those last names have not been my current or used names in at least 16 years. The person that called me hung up on me as soon as I stated that name was more than 15 years unused. I called the number that call me back XXXX and they directed me to call another number XXXX with reference number XXXX, trying to collect a debt they state I didn't pay in XXXX and XXXX. The XXXX card was for a XXXX card that I have paid off quite some time ago and the XXXX is discover card that I have never had. I currently have 2 discover accounts that I opened in the last 2 years and they never mentioned I owed them a debt and issued the 2 accounts to me. They also had the last 4 digits of my social security number. 

They stated that no one was at my house to accept legal documents, except my mom lives with me and my husband works from home, so there is someone there XXXX I told the man that I spoke with that the debt was to old to be collected by them and if they sent me any paperwork I would be happy to provide it to my attorney. They had my current name and address, but referenced a job I haven't had since XXXX. I told them the Fair credit report act protected me from this old debt and that they are welcome to send the debt to be collected by the IRS or I will take any paperwork they send me to my attorney. 

On the XXXX state ( where I reside and have since XXXX ) court 's website there is nothing filed after XXXX for last name XXXX and nothing filed for last name XXXX XXXX. I have been married twice since then, there is nothing filed under last name XXXX since XXXX ( my divorce ) and nothing under my current last name XXXX XXXX. 

Stated I owe over XXXX for an XXXX original debt from discover, the discover account number he provided is XXXX. I had such bad credit at that time I could not qualify for any cards. in the last 5 years I have paid off all the debt on my credit report and have an outstanding credit rating. I will be contacting discover directly next with the account info, my credit is locked with experian and can't be used unless I unlock it. 

Per Washington state law, they have 6 years to collect a debt, here is the RCW for it : RCW 62A.3-118 Statute of limitations. 
( a ) Except as provided in subsection ( e ), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. 
( b ) Except as provided in subsection ( d ) or ( e ), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years. 
( c ) Except as provided in subsection ( d ), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within six years after dishonor of the draft or ten years after the date of the draft, whichever period expires first.

( d ) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller 's check, cashier 's check, or traveler 's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be.

( e ) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed.

( f ) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced ( i ) within six years after the due date or dates stated in the draft or acceptance if the obligation of the acceptor is payable at a definite time, or ( ii ) within six years after the date of the acceptance if the obligation of the acceptor is payable on demand.

( g ) Unless governed by other law regarding claims for indemnity or contribution, an action ( i ) for conversion of an instrument, for money had and received, or like action based on conversion, ( ii ) for breach of warranty, or ( iii ) to enforce an obligation, duty, or right arising under this Article and not governed by this section must be commenced within three years after the cause of action accrues. 
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