Consumer complaint received 2017-08-23
Company: Gurstel Law Firm, P.C.
State: MN
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I have a law firm " gurstel law firm '', who is trying to collect on a disputed debt from between 11-15 years ago. No one has collected against me prior to when I had the credit card ( XXXX XXXX ). It 's off of the credit bureaus long ago. I have a new XXXX XXXX in good standing with a XXXX balance, why would XXXX XXXX do this? They are issuing a Garnishment for debts that are at the least 11 years old and in dispute and not being collected against until now. 

I 've contacted them in writing to cease and desist and not even a response, other than the threat of garnishment. 

I did a quick search and found just on just one site several dozens ( 56 ) complaints for violations of the Fair Debt Collection Act and various other issues, which I can provide. They are location in XXXX XXXX Minnesota. I have a FICO score in the Excellent range and this could harm me in many ways. Gurstel Chargo PA complaints We have 56 complaints about Gurstel Chargo PA. 

XXXX XXXX XXXX - XXXX / Gurstel Chargo PA Debt collection / Auto Taking/threatening an illegal action / Threatened to sue on too old debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Other ( i.e. phone, health club, etc. ) Cont 'd attempts collect debt not owed / Debt was paid My husband received an affidavit of renewal of judgment few days ago. It so happened that I pulled our credit report because we are looking into buying a house, well on that credit report it shows that its been satisfied since XXXX. We 've paid this off. So now we are being sued. 
XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Cont 'd attempts collect debt not owed / Debt was paid XXXX - XXXX / Gurstel Chargo PA Student loan / Non-federal student loan Ca n't repay my loan / Ca n't get flexible payment options I filed Chapter XXXX bankruptcy and it was discharged this year. I alternative student loans what were initially with XXXX and then sold to XXXX XXXX XXXX were current prior to my bankruptcy. They did take payments through my bankruptcy. Now that my bankruptcy has been discharged I received a notice through Gurstel Chargo PA, XXXX XXXX XXXX XXXX XXXX MN XXXX. I sought my lawyer on this. I told the collection agency/attorney, that they need to provide documentation of the loans. They called me and stated that I these loans are nondischargeble due to they are student loans. I stated I know they are student loans but not Federal Direct loans.  I told them they needed to communicate with my attorney. Now, They want me to pay upfront { {$8000.00} } to settle the account. I have an attorney XXXX MN. I have been working with him to try to work out something. However the collection agency will not seem to budge. I just got out of bankruptcy, There is n't bank out there that would loan me { {$8000.00} } to pay this off. No XXXX - XXXX / Gurstel Chargo PA Debt collection / I do not know Taking/threatening an illegal action / Sued w/o proper notification of suit XXXX I was notified by my employer that my wages were being garnished by a company called Gurstel Chargo PA. I had no knowledge of any debt with this company or the Plaintiff, XXXX XXXX. I 've never been to court before or been sued so I was unaware of what I was supposed to do to fight it. This company garnishes my wages for the next XXXX paychecks, they took XXXX XXXX of my check for a total of over { {$1800.00} }. In XXXX XXXX my employer sent me a " Notice to Discharge and Release Garnishee ''. I assumed that was the end of it and I 'd never hear from them again. On Tuesday, XXXX XXXX I received notification from my employer that the exact same company was garnishing my wages again for the exact same case number but for an additional { {$150.00} }. My employer called this company and told them that I had already been garnished, but they had not received the proper paperwork to send the money. I was told it must be filed in the court before the money is paid from my employer to the Gurstel Chargo. Gurstel Charg XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Communication tactics / Used obscene/profane/abusive language I was a customer with creditor for many years. I lost my job and was not able to make my payments. I called and tried to work out an arrangement. Was told there was nothing they could do for me. Some time passes and I get a process server telling me I am being sued. I called the collection agency each time I call I get a new person and a new set of things I need to do to make this go away. Was trying to resolve a debt issue before a court date. Was told to submit a written proposal and with in 72 hours I would have an answer. I emailed and faxed my proposal. Went to initial court hearing and spoke to their lawyer and was told he had to run my proposal by his client he would get back to me. I called back two weeks later and was told my offer was rejected and I would be forced to pay entire balance in three monthly payments. I said I could not afford that. I was told by a female attorney with the company that maybe I should have a better XXXX job. Then I was told she would start the garnishment paperwork. We ha XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Cont 'd attempts collect debt not owed / Debt was paid A credit card I had went to collections and I paid the credit card directly to the credit card company. This happened several years ago. A year ago I received a notice from XXXX XXXX that I was going to be sued over the debt in XXXX County and they sent me some questions in a legal document. I responded, explaining I had paid the debt and asked them for proof of the debt, as I believed I had completely paid off the debt. I hand delivered the response, so I know they received it. I heard nothing for eleven months. Then I get a letter saying they were asking for summary judgment, since I did n't respond to their request for " interrogatories '', which I had never received. Their interrogatories were to have been answered within 30 days, and if I did n't, the debt was admitted to. They made no attempt to actually show that I owed to the debt. I believe they never even mailed me the interrogatories. This was just a way to avoid to have to prove the debt, a way to avoid the burden of proof of the debt. I answ XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Disclosure verification of debt / Not given enough info to verify debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Cont 'd attempts collect debt not owed / Debt was paid XXXX XXXX XXXX is collecting on a debt that has been paid. XXXX sold accounts to XXXX XXXX, I have number of accounts showing up under XXXX. These are accounts for as early as XXXX. 
XXXX - XXXX / Gurstel Chargo PA Debt collection / Other ( i.e. phone,  health club, etc. ) Disclosure verification of debt / Not given enough info to verify debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Disclosure verification of debt / Right to dispute notice not received I have been divorced for over 15 years, and a judgement was obtained in my married name ( I changed my name to my maiden name when I divorced ) and communication was going to an address that I no longer lived at. Needless to say I did not contest the debt prior to the judgement due to not being aware. The debt was from prior to XXXX, and on XXXX a third party collection firm filed a judgement against me. They obtained an order to garnish in XXXX of XXXX. The garnishment over collected in the amount of XXXX, and I was issued a partial reimbursement in the amount oXXXX XXXX. The third party collector remitted the reimbursement to my former name, which I have not used in 15 years, and additionally I have not been issued a reimbursement for the remaining XXXX to date. Even depostiing the check will present as an issue as I do not have any accounts or ID in that past name. It was changed by court order, which I told the third party collection agency and law firm over and over. When I attempted to obtain XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Cont 'd attempts collect debt not owed / Debt is not mine XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Cont 'd attempts collect debt not owed / Debt is not mine XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Disclosure verification of debt / Right to dispute notice not received XXXX - XXXX / Gurstel Chargo PA Debt collection / Federal student loan Communication tactics / Threatened to take legal action XXXX - XXXX / Gurstel Chargo PA Debt collection / Other ( i.e. phone, health club, etc. ) Disclosure verification of debt / Not given enough info to verify debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Other ( i.e. phone, health club, etc. ) Disclosure verification of debt / Not given enough info to verify debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Improper contact or sharing of info / Talked to a third party about my debt Gurstel-Chargo hand delivered a paper that looks like an official county document with the words " you are being sued '' and more literature describing the debt. I was not home and they delivered the document to my Landlord. The document was not in an envelope or any other covering. It is a misrepresentation of a summons to district court and has in bold print on the front page " you are being sued '' I have sent them { {$600.00} } in payments in the last month already. 
XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Taking/threatening an illegal action / Seized/Attempted to seize property I was served with a Summons in Civil court by Gurstel Chargo P.A XXXX AZ in regards to a debt with XXXX While I did have a credit card with them, it was paid on time each month & then paid off. I have not received a bill or phone call regarding any remaining debt in over a year. The first notification was this Summons. It threatens to garnish wages or seize property if not responded to. 
XXXX - XXXX / Gurstel Chargo PA Debt collection / Non-federal student loan False statements or representation / Attempted to collect wrong amount i am being garished out of my payroll 25 % very two weeks i can '' t keep up. Gurstel Chargo ( attorneys at law ) have my student loan looking like a Child support case to the courts in STATE OF ARIZONA, XXXX OF EACH MONTH, I PAYED XXXX XXXX A MONTH UP UNTIL XXXX THEN THEY WANT XXXX SO PLEASE HELP US I CAN '' T PAY MY OTHER DEBT BECAUSE OF THEM XXXX - XXXX / Gurstel Chargo PA Debt collection / Non-federal student loan Cont 'd attempts collect debt not owed / Debt was discharged in bankruptcy XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Improper contact or sharing of info / Talked to a third party about my debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Auto Cont 'd attempts collect debt not owed / Debt resulted from identity theft I have about a stacks of letters about other people 's information that the company Gurstel Chargo send to me wrongly and I never received my information correctly. Gurstel Chargo has it wrong with my identity. I have send you overwarming information in the past but they choose to go ahead with erroneous information. I took a picture of the information of other clients they mistake me for just to prove they have it wrong. Gurstel Chargo are  spamming other peoples sensitive and financial information. I sent picture and police report to prove that is this a mistaken identity. 
XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Communication tactics / Called after sent written cease of comm XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Taking/threatening an illegal action / Threatened to sue on too old debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Disclosure verification of debt / Not given enough info to verify debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Disclosure verification of debt / Not given enough info to verify debt XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card False statements or representation / Attempted to collect wrong amount Gurstel Chargo has committed numerous FDCPA violations related to a dunning letter sent to consumer dated XXXX XXXX, XXXX. In the letterhead of the 'dunning ' letter Gurstel Chargo claims to have offices located in Nebraska XXXX Checking with the Secretary of State 's Office, no licensed collection agency by that name exists. Furthermore, the letterhead represents Attorneys at Law but has a 'disclaimer ' in the body of the letter that states : " At this time, no attorney with this law firm has personally reviewed the particular circumstances of your account. '' - If an agency incorporates the use of form collection demands on attorney letterhead the agency MUST incorporate " meaningful attorney involvement '', into its collection process. 15 U.S.C. Section 1692e. These are just a few violations regarding a dunning letter sent to consumer dated XXXX XXXX, XXXX. Consumer will file a federal and state lawsuit against Gurstel Chargo for violations of the FDCPA, FCRA and TCPA if Gurstel Chargo continues to contact c XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Communication tactics / Used obscene/profane/abusive language I had stopped paying my credit cards because we were close to losing our home. We were given a loan modification and I contacted the company Gurstel Chargo in XXXX XXXX XXXX I and XXXX XXXX  file # XXXX I explained that I am paying XXXX mortgages right now and can afford { {$50.00} } a month until we have more money available to pay this was on XXXX. I spoke to XXXX XXXX. He was very rude. He asked me for my work phone number. i told him was not supplying my work phone number he said do n't interupt me when I am speaking was very harsh. I ended the call after saying I am going now. I sent a few emails to the company with my budget telling them I can afford { {$50.00} } a month just trying to pay my debt. I was served with no further communication from them on XXXX. When you are down on your luck with XXXX  kids and try to make things right and call in treated very rudely and then served on top of it. I just want to pay my debt paying as much as I can afford at this time without being harrased. It shouldnt be that hard XXXX - XXXX / Gurstel Chargo PA Debt collection / Medical Cont 'd attempts collect debt not owed / Debt was paid XXXX - XXXX / Gurstel Chargo PA Debt collection / Credit card Cont 'd attempts collect debt not owed / Debt is not mine Please help to protect me! 

Thank you!

Company response to consumer: Closed with explanation