A woman who says that debt collectors so upset her husband when they allegedly harassed him about paying the mortgage is suing Green Tree Servicing for his wrongful death. Stanley McLeod died of heart failure in 2005.
In 2006, his family sued the company over his death. Green Tree has been seeking to have the case resolved through arbitration but in September, an appeals court ruled against the company. A wrongful death trial will be scheduled.
Dianne McLeod says that debt collectors from the mortgage company called up to 10 times a day and left harassing messages. Dianne says the stress her husband experienced as a result of the debt collectors scare tactics caused his death.
Stanley suffered his second heart attack in 2002. He went on disability and, as a result, the couple was behind about three months on paying their mortgage.
Green Tree Servicing is denying that its employees' collection activities caused Stanley's death. The company is calling the complaint "meritless." Green Tree Servicing senior vice president Brian Corey denies that its collection workers made so many calls a day to the McLeods and is disputing the content of the messages.
The US Federal Trade Commission regulates debt collection and forbids harassing phone calls. The Fair Debt Collection Practices Act has a number of rules that debt collectors must follow, including:
• They are not allowed to harass clients with repeated calls.
• Threats of violence, verbal abuse, profanity, and obscenity are forbidden.
California Wrongful Death
An entity or a person can be sued for intentionally or negligently causing a victim's death. Wrongful death recovery allows surviving family members to receive compensation for their losses and damages, as well as get back costs related to the wrongful death.
Woman sues debt collector over husband's death, CNN, December 10, 2009
Dianne McLeod: Debt Collectors Hounded My Husband To Death, Huffington Post, September 24, 2009
Fair Debt Collection Practices Act (PDF)
Related Web Resources:
Green Tree Servicing
Our Anaheim wrongful death attorneys represent clients whose loved ones have died because another party was negligent. We work on personal injury cases in Los Angeles County, Riverside County, San Bernardino County, and Orange County, California.
