Consumer complaint received 2026-01-01 00:00:00
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
State: NC

Complaint narrative:
CONSUMER COMPLAINT TO THE CONSUMER FINANCIAL PROTECTION BUREAU ( CFPB ) Parties Involved Creditor : Discover Bank Debt Collector / Law Firm XXXX XXXX XXXX XXXX XXXX  ( XXXX  ) I. SUMMARY OF COMPLAINT I submit this complaint requesting investigation and enforcement action against Discover Bank and XXXXXXXX XXXX XXXX XXXXXXXX, a XXXX  law firm, for systemic violations of the Fair Debt Collection Practices Act ( FDCPA ), including lack of notice, improper service of process, improper venue and forum shopping, lack of due diligence, and fraud on the court. 

These violations resulted in a default judgment entered in XX/XX/XXXX and the unlawful garnishment of my XXXX  XXXX XXXX account, without notice, service, or due process. 

Because XXXXXXXX XXXX XXXXXXXX is a XXXX debt-collection law firm, this matter also raises serious professional and consumer-protection concerns appropriate for federal enforcement by the CFPB. 

XXXX. KEY FACTS I have been a resident of XXXX XXXX  for approximately XXXX ( XXXX ) months preceding all relevant collection activity. 

I moved to XXXX XXXX  and signed a residential lease on XX/XX/XXXX, Prior to that move, I was evicted from my apartment in XXXX, XXXX, on XX/XX/XXXX. 
This eviction is public record in the XXXX  XXXX XXXX and occurred in the same court system where the debt-collection case was later filed. 

Despite my XXXX XXXX residency and the existence of court records confirming that I no longer resided in XXXX, Discover Bank and XXXXXXXX XXXX XXXXXXXX pursued litigation and enforcement in Virginia, relying on an address from which I had already been judicially evicted. 

I did not receive any lawful notice of the debt, including : No initial written notice No validation notice No notice of my right to dispute the debt No notice of any lawsuit No summons or complaint No notice of the garnishment No exemption forms Because XXXXXXXX XXXX XXXX failed to use reasonable diligence to locate me, I received no written communication, whatsoever as required by federal law. 

I XXXX  learned of XXXXXXXX XXXX XXXXXXXX involvement only after XXXX  XXXX XXXX notified me of a garnishment attachment, which withdrew funds from my account on XX/XX/XXXX. 

I was never properly served at my correct XXXX XXXX  address, despite that address being easily obtainable through : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX records documenting my XXXX  eviction My XXXX XXXX address was clearly listed on : XXXX XXXX XXXX XXXXXXXX account I opened on XX/XX/XXXX My XXXX XXXX utility bill dated XX/XX/XXXX Despite this, XXXXXXXX XXXX XXXXXXXX and Discover Bank did not seek my correct address through any of these reasonable means. Instead, they continued to rely on a vacated XXXX  address even as of XX/XX/XXXX to serve me with an additional summons for XX/XX/XXXX hearing in XXXX XXXX 

Notably, XXXXXXXX XXXX XXXXXXXX did not even pull my credit report to locate my address until XX/XX/XXXX, months after : Obtaining the default judgment, and Garnishing my XXXX XXXX XXXX XXXX XXXX account As of XX/XX/XXXX, I still have never received from XXXXXXXX XXXX  XXXX : A copy of the court order A copy of the writ of garnishment Any exemption forms Any written correspondence of any kind A default judgment was entered in XX/XX/XXXX, alleging that I failed to appear for a hearing on XX/XX/XXXX, in the XXXX XXXX XXXX XXXX on a Warrant of Debt. 

I was never notified of this hearing, and I was living in XXXX XXXX at the time. The allegation that I chose not to appear is false and misleading. 

Based on this judgment, my XXXX  XXXX XXXX account was garnished, causing direct financial harm, without notice, service, or due process, in a state where I did not reside and at a hearing I had no ability to attend. 

XXXX. FDCPA AND CONSUMER-PROTECTION VIOLATIONS XXXX. Failure to Provide Required Debt Validation 15 U.S.C. 1692g Neither Discover Bank nor XXXXXXXX XXXX XXXXXXXX provided the mandatory written notice of debt, validation notice, or dispute rights before initiating litigation or garnishment, despite multiple reliable means to locate my XXXX XXXX  address. 

They continue to rely on a vacated XXXX  address in order to maintain jurisdiction there, rather than in XXXX XXXX where I reside. 

XXXX. Improper Service of Process and Misrepresentation 15 U.S.C. 1692e and 1692f I was never personally served, nor was service attempted at my correct XXXX XXXX address, despite Discover Bank and XXXX XXXX XXXXXXXX having actual and constructive knowledge of my residency. 

Even after obtaining my XXXX XXXX address from my XXXX  XXXX XXXX account, XXXX and XXXX continued attempting service at the vacated XXXX  apartment, including as late as XX/XX/XXXX for an additional hearing in an improper venue, lacking personal jurisdiction and due process rights. 

This conduct constitutes an attempt to mislead the court into believing that service was proper or that due diligence was exercised, when it was not. 

Any affidavit or representation asserting proper service is false and misleading, in violation of federal law and constitutional due-process protections. 

XXXX. Lack of Due Diligence XXXXXXXX XXXX XXXXXXXX failed to exercise reasonable diligence to locate me, despite readily available information through : Credit bureau XXXX XXXX XXXX XXXX ( including eviction ) Banking records Rental and utility records Routine skip-tracing methods This failure reflects reckless disregard for consumer rights and due process. 

XXXX. XXXX XXXX and XXXX XXXX XXXX XXXX. XXXX Because I was an out-of-state resident of XXXX XXXX, filing XXXX and pursuing enforcement in Virginia violated the XXXX XXXX provisions and constitutes deliberate forum shopping designed to obtain a default judgment without notice. 

XXXX. Fraud on the Court The conduct of Discover Bank and XXXXXXXX XXXX XXXX constitutes fraud on the court, including : Filing or relying on false or misleading affidavits of service Misrepresenting personal jurisdiction and venue despite evidence of my XXXX XXXX residency Enforcing a judgment they knew or should have known was void Such conduct undermines the integrity of the judicial process and warrants enforcement and sanctions. 

XXXX. Unlawful Garnishment Because the judgment was obtained without proper service or personal jurisdiction, the garnishment of my XXXX  XXXX XXXX account was unlawful and unenforceable, resulting in financial loss. 

IV. HARM CAUSED As a direct result of Respondents actions, I suffered : Financial loss from unlawful garnishment Deprivation of due-process rights XXXX  XXXX  Significant time and expense correcting improper legal actions V. PATTERN AND PRACTICE CONCERNS These actions reflect a pattern and practice of abusive debt-collection litigation, including : Venue abuse Improper service Reliance on default judgments Enforcement of void judgments VI. REQUESTED ACTION I respectfully request that the CFPB : XXXX Discover Bank and XXXXXXXX XXXX XXXXXXXXXXXX XXXX  for FDCPA violations Require cessation of unlawful collection and enforcement activity to include any proceedings in the state of XXXX  and upon any personal assets Seek restitution for improperly garnished funds of XXXX Impose appropriate penalties and corrective measures Refer any misconduct to appropriate regulatory or disciplinary authorities

Company response to consumer: Closed with non-monetary relief