How to Beat Gurstel
George Simons | October 19, 2022
Summary: Have you received a court Summons and Complaint for debt from Gurstel Law Firm, PC? SoloSuit can help you take a stand and win in court.
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
If you are being subjected to harassment by a debt collector associated with Gurstel, it is perfectly understandable if you are feeling stressed, frustrated and anxious about the future. Gurstel, like many other debt collection law firms, often utilize aggressive and even abusive tactics to get consumers to repay the debt they allegedly owe.
That is why Gurstel may call you on your phone multiple times each day, try to connect with you on Facebook, Twitter, or another social media platform and they will probably send you threatening letters in the mail. Here's everything you need to know about Gurstel, how they collect debts, and how you can beat them in court.
Gurstel is a legitimate law firm that specializes in debt collection
Gurstel is a law firm focused primarily on debt collection, including handling third-party debt collection. The Gurstel law firm maintains multiple offices across the country, including offices in Minnesota, Arizona, Iowa, Nebraska, Utah, and Wisconsin. Most of the law firm's locations go by the name “Gurstel Law Firm”, including the main office in Minneapolis. However, if you receive a threatening letter in the mail from “Gurstel Chargo Attorney at Law” do not let the slight difference in the name confuse you; it is actually the same company (i.e., “Gurstel Chargo” is just the name the firm uses for their Omaha office).
You can contact Gurstel Law Firm at:
6681 Country Club Dr
Golden Valley, MN 55427-4601
Phone: (877) 344-4002
Gurstel Law Firm has bad reviews
Gurstel has developed a reputation for routinely utilizing unethical tactics to convince you to pay off your outstanding debts. Consumer reviews about the Gurstel law firm reflect multiple complaints and serious allegations of impropriety. This is probably why there was a class-action lawsuit filed in 2018 for violating privacy rights under the Fair Credit Reporting Act (FCRA).
Gurstel Law Firm, PC has a rough rating of 1.29 stars out of 5 on its Better Business Bureau profile. It has also received dozens of complaints on BBB. These complaints demonstrate how hard it is to work with Gurstel, their persistent and demanding collection tactics, and their complete disregard of consumer rights.
If you have received threatening phone calls and emails from Gurstel, never give up hope. You can work your way out of this by taking action with the tools offered by SoloSuit.
Know your rights when Gurstel contacts you to collect a debt
Gurstel is known for attempting aggressive tactics against people who are unaware of their legal rights under the Fair Debt Collection Practices Act. The FDCPA states guidelines and rules that dictate how debt collectors can act. Some of the restrictions on companies such as Gurstel include:
- Debt collectors can never contact you when you are working.
- Debt collectors cannot use rude or vulgar language when talking to you on the phone or in emails or texts.
- Debt collectors are not allowed to threaten lawsuits.
- Debt collectors cannot contact you before eight in the morning or after nine at night.
You can defend yourself if Gurstel Law Firm sues you ou
If the Gurstel law firm decides to file a debt collection lawsuit against you, it is recommended you be bold and aggressive in your response and to ensure your response is timely filed. Why? Because members of the Gurstel firm generally expect consumers to ignore the lawsuit and throw it in the garbage. This is understandable, but it only means that the debt collector wins without a fight. Don't make this mistake because there are options on the table to beat debt collectors like a drum, if you know what to do.
Some helpful tips to try when you draft an Answer to the debt lawsuit are:
- Never concede that you owe the debt! Remember that Gurstel must prove under the law that you owe the debt. Don't give them any help. Make them do all the work.
- File your Answer with the local Clerk of Court on a timely basis. Most debt collection cases require a response within 20 or 30 days of getting the complaint.
- Make your Answer copy to Gurstel and make sure it's stamped by the Clerk of Court.
Use these affirmative defenses n your Answer to a debt lawsuit against Gurstel
When you respond to Gurstel's lawsuit, you have the chance to torpedo their legal arguments if you have the knowledge of debt collection tactics and laws. Also, remember that the company must prove that you are the person who owes the debt and owe the alleged amount. This means Gurstel must prove the following:
- Gurstel has the right under the law to sue you.
- You are the person who owes the debt.
- You owe the money listed by Gurstel in the complaint filed in court.
If Gurstel fails to meet these requirements, there are excellent odds you will beat them in court and have the lawsuit tossed out.
Depending on the facts of your case, you might argue that Gurstel did not file the suit within the required statute of limitations. The statute of limitations states that a lawsuit must be filed within a given timeframe.
If the case facts show that Gurstel sued you for debts where the statute of limitations lapsed, you may file a motion to have the suit dismissed with prejudice.
Also, think about filing a countersuit against Gurstel, if you have evidence that proves Gurstel violated the FDCPA when they contacted you to repay a debt. If you possess proof that Gurstel violated this law, you may receive compensatory damages of up to $1,000 per FDCPA violation. They may have to pay your attorney fees, too.
Overview of Actions To Take If You Are Sued By Gurstel
Here's a quick recap of actions to take if Gurstel sues you:
- Write down any telephone call details if they call you before 8 am or after 9 pm. Also, write down if they contact you at work and/or use abusive and threatening language.
- Be certain to file your Answer within the required timeframe, or you will lose the case by default.
- In the Answer, think about raising at least one affirmative defense, such as the statute of limitations. Also insist that Gurstel provide proof of the amount you owe and that you are the one who owes the debt.
Debt collection lawsuits are no fun, but don't despair. With the assistance of SoloSuit, you can beat these shady companies at their own game. And you might even get them to pay compensatory damages if they violated the FDCPA.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
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