Discover Card, And Eric Berman, P.C
Settlement Check Never Cashed, Then Default Judgment Obtained Without Service

Three years ago I get a settlement offer letter from Discover, which I agree to as I was having financial difficulties making my payments after never being late ever for 5 loyal years as a credit card holder. I send in my check as payment in full, but it never gets cashed. Instead, I get another settlement offer letter, this time asking for double the amount on the first letter!

I call Discover, and speak to a supervisor who has the nerve to tell me that the settlement offer was indeed changed to double the original amount, and that paying the new amount would be the only way to settle. I argue that this is breach of contract, so she gets mad, threatens to charge off the account, and hangs up on me.

Well, the account did get charged off, and my check was never cashed nor ever returned to me. The next thing I know, I get a letter from my bank, telling me that my account is now frozen due to a court order they have received. To my shock and disbelief, the law firm of Eric Berman obtains a default judgement against me!

I go to court, and quickly figure out I was never served-this was a case of "sewer service"! And, on the affidavit of service, I find that they include a name and apt. # of someone that doesn't even exist! Talk about blatant and dirty!

I get the judgement vacated, and the bank account restraining order lifted, of course. Then, three months later this same law firm, Eric Berman P.C. has the nerve to file a motion in court for the turnover of money in my bank account by claiming the judgement was still valid! How much more unethical can you get?!?

To date, I have appeared in civil court three times with a different attorney from Eric Berman, P.C. showing up, and each time they have failed to comply with discovery, even though each judge has ordered them to turn over documents to me, with the last one ordering this in a signed stipulation!

I finally have had enough, and filed a motion to dismiss with prejudice for their failure to comply with discovery. I have also sent David Nelms a letter, and am waiting on his response. I wonder if he ever will or not?

I have been advised to file complaints with the Bar Association, Attorney General, ACA, and even to try to get this story out to the media. If anyone has been, or is in a similar situation, please let me know. There is power in numbers, and we must not be taken advantage of!

Company: Discover Card, And Eric Berman, P.C
Country: USA
State: Illinois
City: Riverwoods
Address: 2500 Lake Cook Road
Phone: 2244050900

  <     >