HOUSTON - Yesterday, the Arnold & Itkin law filed an application for a temporary restraining order, seeking to enjoin Discover Bank and Anthony Colon from spending or moving more than $447,000 in funds that was allegedly wired to Colon’s Discover account in error.
According to the application, on Sept. 12, 2023, Colon received a letter from the firm regarding settlement proceeds. Arnold & Itkin had settled a personal injury lawsuit of a different Anthony Colon.
The firm alleges Colon fraudulently represented himself as the Anthony Colon entitled to the settlement proceeds and provided his own signature and bank account information. $447,502.67 was then wired to the defendant Colon’s Discover account.
“Despite several calls and letters, Defendants refused to return the settlement proceeds they knew had been sent in error,” the TRO application states. “Plaintiff is likely to prevail on its claims against Defendants. If Plaintiff’s application for temporary restraining order is denied, Plaintiff faces probable, imminent and irreparable injury in the interim.”
Filed in Harris County District Court, case No. 2023-85100