Consumer complaint received 2020-06-14
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: DISCOVER BANK (CA)

As the world was heading into a recession back in the early XXXX 's, my family and I found ourselves in a bind. My husband was laid off from work two days after we found out I was XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. We had large XXXX  bills due and insurance premiums due to XXXX, no income from my husband and I was working part time. We used credit cards to survive. I tried several times to set up payment plans with Discover card, we even had paid for the insurance in case you lose your job, and no assistance was given. After a while, Discover claimed our account, which was less than {$3000.00} was closed and they no longer can assist us. 

Fast forward to XXXX and out of nowhere we get a hit to our bank account taking everything that was in there. After talking to the bank, we finally got information that the XXXX XXXX XXXX had gotten a levy on our bank account. I called their offices in XXXX of XXXX, to see what was going on. I spoke to XXXX  ( ext XXXX XXXX, who literally told me I had to pay {$600.00} a month for 12 months or a lump sum, there were no other options. I mentioned to him that I do not recall even getting a notice regarding this, supposedly they were able to get a judgement and the account was also about 8 years old already ... He assured me that they do a one-time " hit '', take what they can, then close the account. Since then, XXXX XXXX XXXX has attacked our bank accounts a few more times, each time taking a little something, and never sending me any communication on the matter. They did take my son 's savings, which I had to fight to get back a few years ago. 

As I have looked on the court pages online, I see they got a Judgement on XX/XX/XXXX. I have verified with the courthouse that judgements expire in 10 years, unless renewed. They have not renewed. Also, they tried to take my son 's XXXX Account, this is a blocked trust account, this past XXXX, XXXX ... two years after the last writ was executed ( court said the writ is good for 6 months ), thankfully, my son 's bank stopped them from taking it, but now I see they filed something again on XX/XX/XXXX ... 

Few issues I have are : 1- they never validated the debt, I asked, they said " don't you have your old bills '' ... 
2- the judgement is over 10 years old, no extension filed 3- I don't recall ever getting anything to appear in court 4- they refused any payment plan besides what they wanted, which financially I could not afford {$600.00} a month, I still can't ... 
5- they told me they do a one time " hit ' then it's closed, obviously, that was a lie. 
6- the last writ of execution was filed XX/XX/XXXX, yet they tried to take funds in XX/XX/XXXX and probably now XX/XX/XXXX. 
7- if they got a judgement in XXXX, they literally stalled for years before notifying me, and in that were able to accrue additional interest charges, as I had absolutely no knowledge of this until I went to use my debit card, in a restaurant and found out all the money in the account was gone ( in XXXX!!!!! ), so they accrued 5 years of interest charges basically behind my back. 

I don't understand how this works, if a person were to commit a crime, they are innocent until proven guilty ... but if your family life is turned upside down, and you rely on credit cards to live ( who also raise your credit limit without permission so you spend more, even though you have called and asked for help to get caught up ), you are made to be guilty until you show up for a court date to prove otherwise, And, the person suing you doesn't even have to prove they notified you ... 

Collection calls come all the time, it's the same message, nothing is ever explained and they usually threaten you to pay over the phone that instant so they can get their commission. The debt isn't validated and pretty much any scam artist can call pretending to be a collection agency. Then they can file a case against you, knowing you won't know about court, and they will win by default. This is wrong!! The consumer is not protected in any way. Banks get bailouts, major companies can fraud the people, then be forgiven of their debt, and even more, they make tons of money and never pay a dime in taxes ... where is the protection for the people? Why don't we get a fair chance to explain our situation, set up a payment plan and pay what we owe, not additional monies to fatten these collection agencies???!!!