By Dorothy Meindok
The Post Newspaper Veterans Consultant
“Just because they have a job, it doesn’t necessarily mean they are able to maintain a family,” said Jose’ Mojica, U.S. Army Reserve Suicide Prevention Program Manager.
Did you know that oppressive and harassing debt collection contributes to military and veteran suicides? One study by the Army Reserve Suicide Prevention Program concluded that debt and debt collection was the second-leading contributory cause of suicide among 57 soldiers that completed suicide. The investigative panel dove in and took into account all of the variables of contribution from in-service traumas, TBI as well as personal life stressors finding that debt and its aggressive collection ranked at the top. You can find the results of the study in the link shared below.
“One of the theories might suggest that coping strategies haven’t fully developed,” said Richard Doss, 416th Theater Engineer Command Suicide Prevention Program Manager, and a licensed clinical psychologist. “They haven’t had an opportunity to experience adversity and realize that they can overcome adversity.”
This is where community awareness and consumer laws that protect the public, including military and veterans, is essential. It’s why I have asked our Governor, Greg Abbott, and the Texas Governor’s Committee on people with Disabilities (GCPD) to help do something about it by taking a close look at the language of Texas Property Code 42 (TPC) because one completed suicide is too many, period.
Federal law exempts consumer debt garnishment against federal funds from the VA and the SSA and while there is an exception, many who receive these types of funds don’t have the financial luxury of ever meeting that exception, often living pay date to pay date. I learned this 15 years ago while in law school from a fellow South Texas College of Law varsity advocate named T. Philip Washington when he defended the poor and disabled from the same type of questionable collections practices aimed at those in receipt of Social Security Disability. It’s been 15 years and it still carries on, so I’ve asked Texas to finally close up the loophole by either clarifying the language of TPC 42’s exemptions in protection of all Texans and if the language doesn’t extend, let’s get to working on passing an amendment as soon as possible, because human lives are at stake, human lives that are exceptionally vulnerable to undue and avoidable stress, the elderly, disabled and poor.
Texas lawmakers have the opportunity to clarify whether or not the legal language of the TPC expands the federal exempt status of Veterans Administration Compensation for service connected injuries, the federal exempt status of Social Security benefits and possibly even federally sourced military retired pay from the actions of debt collectors that wish to take advantage of the possible “loophole,” muck up our Texas courts who have more important cases to adjudicate, but who themselves fail to follow Texas laws in their deceptive practices getting to the courthouse. For example, many of those that abuse the process of fair debt collection practices seem unable to properly provide service under published, consumer Texas laws.
It certainly doesn’t take a law degree or license to quickly learn from consumer websites such as the Texas Attorney General’s Office and Texas State Law Library, whether or not you have been given lawful notice of a debt lawsuit; You can gain further wisdom from the “Process Server Certification” webpage of the Texas Judicial Branch at TXCourts.gov as well legal aid nonprofit groups as to whether or not you’ve been properly notified of a debt collection lawsuit. Many persons find out too late that the process servers took unlawful shortcuts, such as rolling up the court’s paperwork like a pizza coupon flier and leaving it on someone’s door knob, too lazy to follow the law and forgetting that certain rules and regulations as well as permission from the court must be obtained in order to effectuate service in that manner, which is usually a last resort. So many of these collectors have begun seeking and using process servers that are cheaper than traditional process servers such as the local Sheriff’s Office Deputies that execute these legal processes, in accordance with the law; the collectors do this to maximize profit over people and turn a blind eye to safeguarding the consumer rights of Texans but then enter our courtrooms demanding to hold others accountable to laws they themselves fail to abide by. Talk about unclean hands.
Personally, I reckon a couple of things: one is that they don’t want to pay our first responders to serve process because officers of court and law follow the laws of Texas, won’t lie and say they did things they didn’t do, which frustrates an abusive debt collection practitioner’s overall objective of getting into court, making it look like the “deadbeat” consumer doesn’t care enough to even show up and being granted a default judgment allowing an unethical collector privileges to the consumer’s bank account.
In reality, more often than not, the consumer doesn’t even know they have been sued because they threw away the improper and possibly unlawfully served notice, left rolled up on the doorknob with the rest of the coupons and lawn service advertisements, just like they do every week (Just one reason fair and proper process matters.). Another reason some debt collectors don’t use the traditional servers is it’s cheaper to use unqualified persons or persons with minimal qualifications and low ethics or understanding of the seriousness of the actions they provide as process servers, where again, the almighty dollar governs over consumer rights.
Texans should do whatever we can to reduce the risk of suicides, especially when it is evident that some of the practices employed by certain debt collectors breaches lawful practice, wastes valuable tax dollars and coveted courtroom time that serves only to further increase debt by compounding the debt load with repetitive legal fees and court costs, oftentimes surpassing (in some cases doubling or tripling ) the original debt amount, in order to collect literally pennies on the dollar, if that.
Debt collection practices are far too often abused, and the time has come for Texas to put a stop to it. I’ll be working with & speaking with Texas licensed lawyers, bankers, public officials and citizens over the next months about this important subject and I’ll keep you all posted on what I find out.
The fact that Texas is addressing this matter will positively impact the lives of those that need help most and reduce the risk of military & veterans suicides, which are estimated at 17 to 46 per day (depending on who you ask) is great impetus and follows the Texas spirit of wellness and peace of mind that I love about being a Texan, the quality of life that Texans revere and protect and that this Great Lone Star State delivers on, time and time again.
Army Reserve Suicide Prevention Program Study: https://www.army.mil/article/133039/searching_for_answers_panel_reviews_reserve_suicides
Dorothy Meindok is The Post Newspaper’s Veterans Consultant. Ms. Meindok served her nation in the United States Navy and is currently a practicing lawyer advocating for our nation’s veterans. Her column appears on Sundays.
