Consumer complaint received 2024-06-06
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: DISCOVER BANK (TX)

I, XXXX XXXX, am writing to address a matter of great concern regarding a lawsuit filed against me by Discover Bank/XXXX XXXX XXXXXXXX XXXX It has come to my attention that there have been egregious violations of Texas laws and consumer protection statutes in their pursuit of this case. 

Firstly, I would like to highlight special exceptions that I have never been served with any court papers or legal documents pertaining to this lawsuit. The address where I was allegedly served is a previous residence lease of mine, and I have not resided there for 3 months. The address for my previous residence lease was XXXX XXXX XXXX, XXXX XXXX, TX XXXX, and that specific lease ended on XX/XX/XXXX. 
Despite this, I was made aware of the alleged lawsuit through attorney advertisement received via mail on XX/XX/XXXX, which prompt me to send an email to all XXXX XXXX Courts ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX  On XX/XX/XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Administrative Assistant responded to my email and instructed me to contact the XXXX XXXX XXXX XXXX XXXX XXXX for assistance. On XX/XX/XXXX I re- sent the original email to the XXXX of the XXXX XXXX ( XXXX ) and called office number listed XXXX but was unable to reach anyone. 

On XX/XX/XXXX I called the office listed XXXX number once more and was kindly helped by a gentleman, representative of the XXXX XXXX XXXX XXXX XXXX, whom answered my questions in regard to alleged filed suit Case No. XXXX. The representative of the XXXX XXXX XXXX XXXX XXXX also provided court email XXXX, and made me aware that it was noted that I was allegedly served on XX/XX/XXXX. I was flabbergasted and made the representative of the XXXX XXXX XXXX XXXX XXXX aware of false reporting of being served. Furthermore, the description provided regarding the person served does not match my physical appearance in any way. As a tall XXXX '' XXXX  individual with XXXX ( specifically I have been a XXXX  since XX/XX/XXXX which is recorded on XXXX app ), the description of a short XXXX '' XXXX female with XXXX hair is entirely inaccurate. 

Upon further investigation, on XX/XX/XXXX I contacted Discover Bank via XXXX XXXX directly to inquire about the status of the debt, their manager representative XXXX found no account that was associated with my social number. I then contacted Discover Credit Financial Service via XXXX XXXX and their representative XXXX XXXX my account was in charged off, and closed. I then contacted Discover Charge Off team supervisor XXXX and he notified me that my credit account was closed on XX/XX/XXXX and charged off on XX/XX/XXXX. XXXX then stated it was then given to a third party collection agency in XX/XX/XXXX, and that third party 's contract stated that Discover could no longer disclose any due balance at time of charge off, couldnt send my original card member agreement, or provide any information on the matter of my account. Supervisor XXXX also confirmed my address on file to be my current lease residence ( XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, Tx XXXX ), and that it was noted in the system. 

The actions of Discover XXXX XXXX XXXX XXXX XXXX legal and ethical concerns. Upon researching the matter further, It appears that they have violated multiple laws and regulations, including but not limited to : XXXX. Texas Rules of Civil Procedure : Rule 106 : Service of Process. 
Rule XXXX : Citation by Publication. Rule XXXX : Service on Individuals. 

2. Texas Finance Code, Title 5. Protection of Consumers of Financial Services : XXXX : Unfair or Deceptive Acts or Practices. 
XXXX : Prohibited Practices. 

XXXX. Texas Debt Collection Act : XXXX : Prohibited Practices by Debt Collector. 

XXXX. Fair Debt Collection Practices Act ( FDCPA ) : XXXX : False or Misleading Representations. 
XXXX : Unfair Practices. 
XXXX : Validation of Debts. 

Failure to Serve Proper Notice : Texas law requires that individuals be served with a summons and complaint in person or through certified mail. As I have not received any such documents, it suggests a failure on the part of the third party collection agency Discover XXXX XXXX XXXX to adhere to legal requirements. 

Failure to Provide Required Disclosures : Discover XXXX XXXX XXXX must provide certain disclosures to debtors, including the amount of the debt, the name of the creditor, and the debtor 's rights under the law. Failure to provide these disclosures constitute a violation of Chapter XXXX. 

False Statements of Service : If the third party collection agency Discover XXXX XXXX XXXX has falsely claimed to have served me, it would constitute a violation of Texas laws governing service of process. 

False Representations : Debt collectors can not make false or misleading statements to collect a debt, such as third party collection agency Discover XXXX XXXX XXXX XXXX XXXX was served in order to have a lawsuit active without my knowledge. 

Contacting Third Parties : Debt collectors are prohibited from disclosing information about a debt to third parties without the debtor 's consent. Discover XXXX XXXX XXXX XXXX this when my official court paperwork, potentially containing sensitive information, was served to a female described as a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

Deceptive Practices : Discover XXXX XXXX XXXX process service falsely claiming to have served me in order to proceed with legal action constitutes deceptive and unfair practices under the Texas Debt Collection Act. Continuing collection activities before validating debt. Causing mental anguish through deceptive practices. 

By Discover XXXX XXXX XXXX XXXX XXXX XXXXalsely stating that I was served court papers, along with providing a grossly inaccurate description of the person allegedly served, I felt that Discover XXXX XXXX XXXX XXXX XXXX has demonstrated a pattern of deceptive and abusive behavior in violation of consumer protection laws. 

Furthermore, this has specifically made me suffer mental anguish through increase XXXX resulting in a relapse of XXXX and XXXX. Please note that I was diagnosed with a XXXX XXXXXXXX recognized in the Diagnostic and Statistical Manual of Mental Disorders- Fifth Edition ( XXXX ). Specifically, Depressive Disorder ; XXXX XXXX XXXX XXXX ( XXXX ). The diagnosis meets the definition of XXXX under the Americans with XXXX XXXX, and the Rehabilitation Act of XXXX, XXXX. I have yet been able to sleep past XXXX to XXXX hrs since XX/XX/XXXX due to all of this ( which simply feels like a nightmare ). Though I have hired XXXX XXXX, XXXX to help guide me through this, my mind is restless with XXXX  which causes me to stay on alert for XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXp ). through the restless nights I have been on researching and studying my rights through " Texas State Law Library, Texas Law Help, Texas Court Help, etc.. ''. The thought of other potential individuals who faced the same scenario of failing to be properly served according to Texas Civil procedure brought me into a XXXX. I felt so unheard by Discover Bank, and it further put me into a deep XXXX because this was my first and longest line of credit ''. 

I recently consulted with an experienced attorney who is knowledgeable about Texas civil procedure to help me understand if I was in the wrong on being mentally anguished by this improperly served lawsuit, or if my mental anguish was justified because the improperly served lawsuit was in violation of Texas XXXX procedure. 

Through my XXXX consultation I learned that in Texas ( as in many other jurisdictions ) the responsibility for ensuring the validity of service in a lawsuit lies with the plaintiff ( party initiating the legal action ), rather than with the law firm representing the plaintiff. Failure to properly serve the defendant can result in delays, dismissal of the case, or other adverse consequences for the plaintiff. 

When the lawsuit was filed, the plaintiff ( Discover Bank ) automatically is responsible for properly serving the defendant ( XXXX XXXX ) with the necessary legal documents, such as the summons and complaint. 

The plaintiff ( Discover Bank ) must ensure that service is carried out in accordance with the rules and procedures set forth by Texas law, which may include requirements regarding who can serve the documents, the method of service, and the timing of service. 

While the law firm XXXX XXXX XXXX XXXX, XXXX ) representing the plaintiff ( Discover Bank ) in a debt collection lawsuit may assist with the process of serving legal documents, ultimately it is the plaintiff ( Discover Bank ) responsibility to ensure that service is valid and compliant with the law. The plaintiff ( Discover Bank ) failed to properly serve the defendant ( XXXX XXXX ), ( which is probably why I received a " Plaintiff 's Notice XXXX XXXX form, Certificate of Service dated XX/XX/XXXX form, Order of Nonsuit form '' today on XX/XX/XXXX through the mail. There was no explanation provided, and I am not yet knowledgable on what to do with these forms so I sent photos of mail to XXXX XXXX, XXXX so we could schedule a time for me to be educated on this specifically. It's important for me as the defendant to consult with my attorney experienced in debt collection and consumer protection laws to help me understand my rights and options in responding to this lawsuit with improper service ). 

Furthermore, I now know as of today XXXX, XXXX XXXX : Consequences of Plaintiff 's ( Discover Bank ) failing ensure that service is valid and compliant with the law : Dismissal of the Lawsuit : If the defendant raises the issue of improper service, the court may dismiss the lawsuit without prejudice, improper service may prevent the plaintiff from refiling the lawsuit.

Costs and Fees : The defendant may be entitled to recover costs and attorney 's fees incurred in responding to the lawsuit due to the plaintiff 's failure to properly serve. 

Laws Broken by Plaintiff ( Discover Bank ) by failing to properly serve the defendant ( XXXX XXXX ) : Texas Rules of Civil Procedure : The plaintiff may have violated specific rules regarding service of process outlined in the Texas Rules of Civil Procedure, such as Rule XXXX, which governs the methods of service. 

Fair Debt Collection Practices Act ( FDCPA ) : Depending on the circumstances, the plaintiff 's failure to properly serve the defendant may violate certain provisions of the FDCPA, such as engaging in unfair or deceptive practices. 


Defendant 's ( XXXX XXXX ) Rights : Right to Proper Service : The defendant has the right to be properly served with legal documents in accordance with Texas law and due process requirements. 

Right to Defend : The defendant has the right to defend against the lawsuit and raise any defenses or objections, including improper service. 

Right to XXXX XXXX Damages : If the defendant can demonstrate that the plaintiff 's failure to properly serve caused them mental anguish, they may have the right to pursue damages for emotional distress under certain circumstances. 

Now that I know all of the above, I will seek legal advice from an attorney experienced in debt collection and consumer protection laws to ensure I fully understand and comprehend my rights, potential damages, and options for recourse in this situation. 


________________________________________ -- XXXX Dear XXXX XXXX, Thank you for your prompt response addressing my concerns regarding the lawsuit initiated by Discover XXXX XXXX XXXX XXXX While I acknowledge your efforts to explain the situation, I still have reservations about the handling of this matter. 

Given the gravity of the issues raised in my complaint, it's imperative for me to seek guidance from an experienced law firm. Therefore, I will be consulting with XXXX XXXX, XXXX. It is concerning that the lawsuit was initiated and service was effectuated without any notice of my new address being considered. As a result, I was unaware of the legal proceedings until I received attorney advertisements in the mail, prompting my inquiry. I also dispute your claim that attempts were made to contact me by telephone, as I have no record of such attempts. 

I appreciate your willingness to discontinue the lawsuit without prejudice, but I must insist on a thorough investigation into the alleged violations of Texas laws and consumer protection statutes. It's crucial for me to have clarity on the validity of the debt and the propriety of the legal proceedings. 

Moreover, the information provided by Discover Bank contradicts your assertions. According to Discover 's records, my account was charged off and closed in XXXX, and there is no active account associated with my social security number. This raises serious doubts about the validity of the debt in question. 

Given these discrepancies and the potential violations of Texas laws and consumer protection statutes, I remain deeply troubled by the actions of XXXX XXXX XXXX. While I appreciate your offer to resolve the debt on mutually agreeable terms, I insist on a thorough investigation into this matter to ensure that my rights are protected and that any inaccuracies are rectified. 

I trust that you will take my concerns seriously and work towards a resolution that is fair and just. I will keep you informed of any developments following my consultation with XXXX XXXX, XXXX, and I remain open to resolving this matter on mutually agreeable terms. 

Sincerely, XXXX.