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I've posted a few times regarding my Discover Bank Credit Card lawsuit. Just to recap, I filed a police report for Identity Theft before this complaint was served and wrote a letter to Discover asking them to investigate my account for unauthorized charges. I have a letter from Capitol One confirming an account had been fraudulently opened in my name. I did not make up a claim for Identity Theft and sent this info to Discover before I ever knew they had a filed a suit.

I was served a lawsuit for this account during Discover Card's alleged investigation of the unauthorized charges and before the results of their findings. The results? A letter stating its my account and the balance owing was valid. I attempted to contact their fraud investigator numerous times, asked for statements so I could list the charges I never made, a form, etc. The fraud dept refused to communicate with me in any form.

I tried to file a motion to dismiss based on plaintiff's failure to state a claim. plead facts sufficient to establish my liability, etc.

The judge will not dismiss but advised me to hire an atty (lol) and raise defenses at an appropriate time.

I don't understand what to do now. I have alleged account statements obtained in discovery with advertisements copyrighted years after the statements were allegedly produced. The statements all have my current address - though I have only lived here for two years and the acct was opened in 2007. Discover stated they were copies of originals and unaltered. NOT

Should I wait until trial? Or see if they file a motion for summary judgment?

I want testimony from this person who claims he works for Discover and investigated the account. Should I seek a deposition since he's out of state? I don't see how Discover has a case unless they prove every charge was authorized by me.

Advice needed. My attempts to use discovery to obtain information regarding their investigation was objected to.

They have not dismissed the case so I assume a trial date will be set soon.

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I have alleged account statements obtained in discovery with advertisements copyrighted years after the statements were allegedly produced. The statements all have my current address - though I have only lived here for two years and the acct was opened in 2007. Discover stated they were copies of originals and unaltered.

 

 

If you don't mind, could you offer a little bit of information as to these advertisements?  What proof do you have that the advertisements were copyrighted after the dates on the statements?

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So they mailed you "authentic and unaltered" statements all with one address. Those statements go all the way back to 2007, but you've only lived at the listed address since 2011??!??!

Classic OC blunder. How can a judge believe any are authentic when you will no doubt be able to prove they changed the statements to fit their needs, FOR LITIGATION PURPOSES.

Also, this was a card you actually had at some point, but somebody got the information and illegally charged onto the card right? It's not that the thief got the card themselves and you found out later correct? So, when was the last payment to this account?

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For example a 2008 statements contains an advertisement for a Discover More card w/2010 copyright noted on advertisement. This is on several "statements." Several have advertisements they forgot to remove from whatever template they were using to fabricate statements purported to be original copies. There was a lawsuit dismissed where this was mentioned to establish they were unreliable and to to strike the account statements - cannot find it at the moment.

They have not identified any date of default in their pleadings. The payment history date of default on my credit reports conflicts with their reporting of the date of last activity/payment. They have so many inconsistencies in both payment info and account statements and their discovery responses, I am having a hard time myself determining what charges are unauthorized, whether they have fabricated transactions on these "statements," applied payments accurately, etc.

Everyone believes Discover has accurate records - not always !

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Wow.  If they file for summary judgment, use their own "evidence" and words against them.  The cc statements are original, but one statement shows a 2008 date but has an advertisement with a 2010 date?   I'd love to see them try to explain that one.

 

You also have your address in your favor.  Do you have a mortgage contract or lease agreement that shows when you moved into your home?

 

UnclePorkChop is a member from SC.  He recently posted that he's happy with his attorney.  You might want to send him a PM, and get the name of the attorney.   If I were a lawyer, I'd find this case interesting.

 

Plus, it might also make an interesting news story.  Add Discover to the list of banks being exposed for unethical activities.  If they're doing this to you, you know they're doing it to others.

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Yes. I have my house contract showing the date of sale. They have buried themselves in their own discovery responses! I was trying to avoid hiring an attorney but will if they try to proceed to trial. I'm pretty amazed they haven't dismissed at this point. I have all my ducks in a row and now just waiting to see if they file for summary judgment.

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I would beat them to the punch and file your own Motion for Summary Judgment.  

 

Proving fraud is near impossible to do pro se as you have to prove all of at least ten points but the Judge might just be interested in a dismissal for fraud on the court. Manufacturing documents to abuse the Court will undoubtedly get them riled up. 

 

HP

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