Consumer complaint received 2024-05-17
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 XXXX XXXX XXXX , which is purportedly representing Discover Bank. 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 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 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 XXXX  ( XXXX, cc- inquiry @ XXXX XXXX ). 

On XX/XX/XXXX Administrative Assistant responded to my email and instructed me to contact the Justice of the Peace for assistance. On XX/XX/XXXX I re-sent the original email to the Justice of the Peace Court ( 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 Justice of the Peace Court, whom answered my questions in regard to alleged filed suit Case No. XXXX. The representative of the Justice of the Peace Court 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 Justice of the Peace Court 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 blonde, 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 and their representative XXXX stated 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 sold to a third party collections agency in XX/XX/XXXX, and that sellers 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 being sold. 

The actions of XXXX XXXX XXXX raise serious legal and ethical concerns. Upon researching the matter further, It appears that they have violated multiple laws and regulations, including but not limited to : 1. Texas Rules of Civil Procedure : Rule 106 : Service of Process.

Rule 501.3 : Citation by Publication. Rule 502.2 : Service on Individuals.

2. Texas Finance Code, Title 5. Protection of Consumers of Financial Services : 392.304 : Unfair or Deceptive Acts or Practices.

392.301 : Prohibited Practices.

3. Texas Debt Collection Act : 392.301 : Prohibited Practices by Debt Collector.

4. FairDebtCollectionPracticesAct ( FDCPA ) : 807 : False or Misleading Representations.

808 : Unfair Practices.

809 : 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 XXXX XXXX XXXX to adhere to legal requirements. 

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

Deceptive Practices : Falsely claiming to have served me in order to proceed with legal action constitutes deceptive and unfair practices under the Texas Debt Collection Act. 

Furthermore, by falsely stating that I was served court papers, and providing a grossly inaccurate description of the person allegedly served, third party collection agency XXXX XXXX XXXX ( a Massachusetts based collection firm ) has demonstrated a pattern of deceptive and abusive behavior in violation of consumer protection laws in the State of Texas. There are many complaints online with others also not being served, unaware of lawsuits that rules in automatic judgment towards consumer in favor of XXXX XXXX XXXX. 

I urge the court to thoroughly investigate these matters and take appropriate action to ensure justice is served. I request the dismissal of the lawsuit filed by XXXX XXXX XXXX and that they be held accountable for their unlawful practices. 

I am prepared to provide any further information or documentation necessary to support my case, and willing to cooperate fully with the court in resolving this matter. 

Thank you for your attention to this urgent matter.