‘You should’ve served US better & died!’ Debt collector berates disabled veteran

[MarineUS]

A debt collector, angered that a disabled US Army veteran was living off of disability payments, told him he “should have died” in war instead of "taking advantage of" other Americans.

­Minnesota-based debt collection agency Gurstel Chargo is now facing a lawsuit for verbally abusing the Army vet over a $6,000 defaulted student loan, Courthouse News reports.

“If you would have served our country better you would not be a disabled veteran living off Social Security while the rest of us honest Americans work our tulips off,” one of the agency’s debt collectors allegedly told the vet. “Too bad, you should have died.”

Michael Collier was declared 100 per cent disabled after suffering permanent spine and head injuries while in the Army. As a result, both Collier and his wife receive disability payments from the federal Social Security Administration, which are exempt from seizure by debt collectors.

But in an attempt to collect on the defaulted student loan, the collector seized the money from Collier's wife’s savings account. The credit union then proceeded to freeze her account.

The Colliers filed an objection and requested a court hearing, at which the couple was told their frozen funds were exempt from such garnishment.

But the debt collection agency’s lawyer continued to harass the couple. Telling Collier “he would need to get a lawyer in order to get his money back,” an unidentified paralegal cursed at and threatened him over the phone.

“F--k you!” the paralegal allegedly said, “Pay us your money! You can’t afford an attorney. You owe us. I hope your wife divorces you.”

The couple is now seeking compensation for actual damages, statutory damages, and punitive damages for violations of the Fair Debt Collection Practices Act (FDCPA), privacy invasion, malicious infliction of emotional distress and conversion.

The FDCPA considers it abusive for a debt collector to make empty threats, misrepresent the legal status of a debt, or use obscene of profane language.

According to the Daily Beast, debt collectors sometimes use abusive techniques to pry money from the indebted because of the commission rates they receive. On average, debt collectors make 20 cents for every dollar recouped. At this rate, the Colliers’ debt would be worth $1,200 to Chargo.

Verbal harassment is a commonly-used technique to instigate debtors into making payments. In 2010, the Federal Trade Commission received 50,000 complaints about severe harassment from debt collectors, 18,000 of which included the use of obscene language.

And some say that number is low.

“That’s just the tip of the iceberg, as far as I’m concerned,” attorney Sergei Lemberg told the Daily Beast.

While Chargo's berating took it too far for the Colliers, there are of thousands of cases of abuse that never make it to court.

http://rt.com/usa/news/us-debt-collector-disabled-veteran-372/

[Mar]

Stupid is as stupid does, and the rest of us have to live with it.

[Fud]

Debt collector is living proof Indians fornicated with buffaloes  

[RedBull1]

That debt collector doesn't have the balls to do anything but sit behind a desk and tell a man who fought for our country he should've died and his wife should divorce him? Over a 6K loan? I don't care how much he's getting paid to do it - Lets see him take 1 step near Iraq ...

[Shamus]

Debt collector's are fun to mess with.

shamus

[MarineUS]

I always tell them the person they are trying to reach is deceased.  

[guncrasher]

tried to research this story but all the sites that mention this story arent that reliable.  I kind of doubt that the story is true.  I remember a similar story being told back during the first persian gulf war.

the reason i doubt the story is the story itself.  if you notice that the caller is first a debt collector then it's an attorney then it switches to a paralegal.  first of all attorneys dont call to collect debt.  they have staff do it.  and they sure as hell wont have paralegals do it either.  but another thing that bothers me is that you cannot garnish anybody's wages or seize accounts without a judge's order.  and before a judge issues an order then there's a hearing.  had there been a hearing then the vet and his wife  should have showed up as they would have been summoned.  then the vet would have explained that he only had ss as his only income.  that would have been the end of it as the agency cant seize accounts without a court order.

the other thing that makes me doubt the story is that the vet is suing for " compensation for actual damages, statutory damages, and punitive damages for violations of the Fair Debt Collection Practices Act (FDCPA), privacy invasion, malicious infliction of emotional distress and conversion"

talk to any attorney and see what they tell you about that.  seriously "privacy invasion"? what is wrong with that.

whoever wrote that message needs to go back to school.



semp

[guncrasher]

Debt collector is living proof Indians fornicated with buffaloes  

seriously the indians?

http://www.youtube.com/watch?v=HNMq8XS4LhE


semp

[zack1234]

The company lending the money should not be lending money to people who dont pay it back

If they are that stupid its their own fault, money lenders is the old name for them

Baliffs are no better

[guncrasher]

The company lending the money should not be lending money to people who dont pay it back

If they are that stupid its their own fault, money lenders is the old name for them

Baliffs are no better

they lend money because the feds guarantee it.  student loands, child suppport, taxes, alimony and a few others must be paid back.  even from ss or hand outs.

but this story I truly believe is false.  on the other hand I do believe some disabled vets are being hounded by debts like this and that is sad.

semp

[mbailey]

tried to research this story but all the sites that mention this story arent that reliable.  I kind of doubt that the story is true.  I remember a similar story being told back during the first persian gulf war.

semp

Public Record, court filings.....suit is real, not sure about the whole story

Collier et al v. Gurstel Chargo PA
Plaintiffs: Michael Andrew Collier  and Kim Collier-Dingman  
Defendant: Gurstel Chargo PA
  
Case Number: 2:2012cv02161
Filed: October 10, 2012
  
Court: Arizona District Court
Office: Phoenix Division         Office
County: Maricopa
Presiding Judge: Bridget S Bade
  
Nature of Suit: Other Statutes - Other Statutory Actions
Cause: 15:1692
Jurisdiction: Federal Question        
Jury Demanded By: Plaintiff        

[zack1234]

they lend money because the feds guarantee it.  student loands, child suppport, taxes, alimony and a few others must be paid back.  even from ss or hand outs.

but this story I truly believe is false.  on the other hand I do believe some disabled vets are being hounded by debts like this and that is sad.

semp

Credit cards, borrowing money is too easy, I knew people who were jail birds and banned from driving getting loans of car companies

[Shamus]

I always tell them the person they are trying to reach is deceased.  

I tell the collector that they won the lottery and moved out of state, I figure that there is a lot of activity on that file for a while. 

shamus

[VonMessa]

Debt collector's are fun to mess with.

shamus

How true, how true...

[VonMessa]

Public Record, court filings.....suit is real, not sure about the whole story

Collier et al v. Gurstel Chargo PA
Plaintiffs: Michael Andrew Collier  and Kim Collier-Dingman  
Defendant: Gurstel Chargo PA
  
Case Number: 2:2012cv02161
Filed: October 10, 2012
  
Court: Arizona District Court
Office: Phoenix Division         Office
County: Maricopa
Presiding Judge: Bridget S Bade
  
Nature of Suit: Other Statutes - Other Statutory Actions
Cause: 15:1692
Jurisdiction: Federal Question        
Jury Demanded By: Plaintiff        

Don't confuse him with facts, M...