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The FDCPA or Fair Debt Collection Practices Act was designed for third-party debt collectors. Generally, the original creditor doesn't have to follow the rules specified in the FDCPA. Your state may have laws that mirror the FDCPA and apply to the original creditor.



"not hijacking the thread"

I had to post this Not much makes me sick,but this did.

October 16, 2012

A Minnesota-based collection law firm, Gurstel Chargo, is in the news after allegedly making some incredibly insensitive and offensive remarks to Michael Collier, a disabled military veteran. According to a lawsuit filed in U.S. District Court in Arizona, Gurstel Chargo garnished the bank account of Collier’s wife. The lawsuit alleges that the garnishment froze the veterans benefits that Collier’s wife received as a result of Collier’s disability, which a judge later ruled were exempt from Gurstel’s garnishment. But according to the lawsuit, when Collier called Gurstel to get the money back, an unidentified legal assistant allegedly told him that “he would have to sue in order to get the funds back.” When Collier tried to explain that the funds were exempt veteran disability payments, the lawsuit alleges that the legal assistant told him

F— you! Pay us your money! You can’t afford an attorney. You owe us. I hope your wife divorces you’re a–. 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 a- – off. Too bad; you should have died.

The lawsuit further states that after hanging up the phone, Collier–who suffered head and spine injuries while serving in the U.S. Army–became very distraught and upset. Collier hired attorney Floyd W. Bybee and sued Gurstel for violating the Fair Debt Collection Practices Act and other related laws.

As you can imagine, allegations of a debt collector telling a disabled veteran that he “should have died” has created a backlash. The story has been picked up by a number of news outlets and bloggers, including prominent legal bloggers Mark Bennett, Scott Greenfield, and Sam Glover. And it’s 2012, so no controversy would be complete without people taking to Twitter to denounce Gurstel Chargo. The uproar was significant enough to prompt Gurstel to issue the following statement on its website

Based on Gurstel’s October 19, 2012 statement, it’s clear that they deny Collier’s allegations and intend to contest his lawsuit vigorously. We’ll just have to wait for the litigation to play out to see what really happened.

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Lob 5 rounds into their office to get the range, correct and fire for effect.






Some feel this is off topic, but failed to fully understand that this statement was in line with the topic in a general way. (and was the first time in many recent post)


The intention was to encourge the OC to focus on the subject at hand and then to proceed steadily ahead and not be distracted. I just didn't do it in a boring and uninteresting way. I will no longer provide encouragment  or humorous comments to any further post, as I may be taken the wrong way.


I had assumed that many people in this position of legal web would need a little humor or encouragment now and then, instead of constant worry with no break.


I apologize if anyone took offense with my dry sense of humor or was diverted from their purpose.

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