Hollister
– A former Hollister tow truck operator who used local courts to
wrestle money from hundreds of unsuspecting motorists in Gilroy and
beyond is being sued in federal court for bullying the wrong
debtor.
Hollister – A former Hollister tow truck operator who used local courts to wrestle money from hundreds of unsuspecting motorists in Gilroy and beyond is being sued in federal court for bullying the wrong debtor.
Paul Stephen Greer, 30, blackened the credit of U.S. Air Force Major Theodore Anderson despite evidence that could have cleared up a simple case of mixed identities, according to a lawsuit filed this week in U.S. District Court, Northern District of Georgia. In the process, the former owner of B&C Towing, which operated in the Gilroy-Hollister region until 2004, violated federal laws on credit reporting and debt collection, the suit alleges.
It states that Greer and employees of his Clovis company, Professional Collections Inc., used “false representations and deceptive means” to coerce Anderson to pay $3,292 in towing, storage and other fees on a 1985 BMW. The tactics included threats of legal action and a lien against his home. One employee, Art Torres, was “verbally abusive” after Anderson explained he was not the debtor, according to the suit.
“In addition to the normal concerns that a civilian would have with regard to false credit reporting,” the lawsuit states, “this call caused heightened concern to plaintiffs as financial problems could possibly affect his military status or clearance as an officer and pilot in the U.S. Air Force.”
Jim Feagle, an attorney representing Anderson, declined to comment.
Upon first learning of the suit, Greer would only say that “it is a very interesting case” and that Anderson is “the right guy.”
Anderson, who was briefly stationed in San Francisco in 2001, has motor vehicle documentation showing he never owned the car that Greer towed in 2004, according to the suit. Anderson claims he has been confused with Ted Anderson, a Seaside resident whom Greer sued in San Martin small claims court in 2005.
Anderson’s federal case opens a new area of potential inquiry into Greer’s business practices, which numerous defendants and at least one law enforcement agency have called criminal. In 2004, the California Highway Patrol ran Greer out of the towing business for operating without insurance or a permit and other practices that posed a “criminal threat” to the community. Greer parlayed the countless vehicles he towed into a gold mine in small claims court, winning an average of more than $2,400 per case against defendants who often claimed to have little or no relation to the vehicles.
Since 2003, Greer filed at least 363 small claims suits in San Benito and Santa Clara counties, according to a Dispatch investigation. In Santa Clara County, the investigation found he has won judgments worth at least $140,000. In addition to raising questions about his legal arguments, the Gilroy Dispatch found evidence a court summons was delivered to an empty apartment and a court order to levy a bank account was altered.
Though Greer has denied responsibility for the trail of suspicious documents, in April he was dubbed a “vexatious litigant” by a San Martin superior court judge. The legal status requires him to get court permission before filing new cases and, potentially, to post thousands of dollars in bond to cover defendant court expenses. Greer said on Thursday that he has appealed the vexatious litigant status.
Anderson’s suit accuses Greer and his companies of violating the federal Fair Credit Reporting Act and the Fair Debt Collection Practices Act. Anderson is seeking $9,875 in damages.
Serdar Tumgoren, senior staff writer, covers City Hall for The Dispatch. Reach him at 847-7109 or st*******@gi************.com.
