Cat123 11 Posted August 2, 2013 Report Share Posted August 2, 2013 Just curious.... Being sued by Discover Card, that's what it says on the statement, too. But, my credit report states Discover Financial Services, LLC, with all numbers matching the complaint. Is the wrong entity named in the suit? Thank you. Link to post Share on other sites
Harry Seaward 1,356 Posted August 2, 2013 Report Share Posted August 2, 2013 All that matters for the lawsuit is if they can prove they are a real party in interest. The name on the complaint has to match whatever proof they submit. Link to post Share on other sites
BV80 2,816 Posted August 2, 2013 Report Share Posted August 2, 2013 Discover Financial Services is the name of Discover's billing and collection department. Link to post Share on other sites
Cat123 11 Posted August 2, 2013 Author Report Share Posted August 2, 2013 All that matters for the lawsuit is if they can prove they are a real party in interest. The name on the complaint has to match whatever proof they submit. I haven't seen anything showing exactly that, other than their letters stating they have been retained, and Discover charged it off 12/11, and then the law firm started in. Link to post Share on other sites
Harry Seaward 1,356 Posted August 3, 2013 Report Share Posted August 3, 2013 All that matters for the lawsuit is if they can prove they are a real party in interest. The name on the complaint has to match whatever proof they submit. I haven't seen anything showing exactly that, other than their letters stating they have been retained, and Discover charged it off 12/11, and then the law firm started in.I should have also said that if the names don't match, they will have to establish a link if the discrepancy is challenged. Link to post Share on other sites
Cat123 11 Posted August 3, 2013 Author Report Share Posted August 3, 2013 Good to know! I don't know how I could have made it through the last year without this board. Just amazing, amazing people every where I turn. Link to post Share on other sites
racecar 556 Posted August 3, 2013 Report Share Posted August 3, 2013 The Court notes that Defendant Discover Financial Services alleges that they are now known as DFS Services LLC name change was in 2008.If you are being sued under this name it may be a junkdebtbuyer.Discover has arbitration in the credit agreement. Send the law firm a letter electing arbitration per the credit agreement.Send a copy of the credit agreement.http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/http://www.jamsadr.com/ Link to post Share on other sites
gwheelock915 160 Posted August 3, 2013 Report Share Posted August 3, 2013 DFS is the servicing agent of Discover. Its all part of the same company, and the affidavit they will attach to the complaint will state as much. Standing can't be raised here. Link to post Share on other sites
racecar 556 Posted August 3, 2013 Report Share Posted August 3, 2013 DFS Services LLC new name 2008Discover Financial Services thats before 2008Why would they file under their old name and not the new name? Link to post Share on other sites
