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Sub: #1 garnishment
Replied on 11-27-2010, 08:14 AM
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My wife recieved a certified letter from Suttle & hammer.PS Formly known as Suttle & Associates that her wages were being garnished. this is the first letter we recieved from this office. How do we stop this or reply to have this stopped so we can understand what we are being sued for. We have no idea how we owe a credit card of $13000.00. and then $600.00 for attorney fee's . what do we need to do? if they garnish her wages we loose our home.

Sub: #2
Replied on 11-27-2010, 11:57 AM
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I think you should send a letter to the law office to first validate the debt if you think that this is not yours. Also, once the same is done and proved you can either try to settle the account himself or ask for a payment plan.




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Sub: #3
Replied on 11-27-2010, 02:49 PM
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Validating the debt will do nothing.It is too late since a judgment has already been rendered.

OP....were you not aware that you had been sued? Did you receive a summons? Have you checked your credit report?

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Sub: #4 Suttel & Hammer
Replied on 01-05-2012, 07:58 AM
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I received no notice or paperwork from these guys about being sued or being garnished. The only way I found out about the garnishment at all was my paycheck was a lot smaller than it should have been. I had to call my corporate work's numbers, then on to capital one, and a constant busy signal at the Suttel offices. I still can't get a hold of anyone there, nor do I have any idea what credit card this issue is in relation to.

Does anyone have office hours for these guys? That 800-260-1706 number isn't getting me anywhere.

Sub: #5
Replied on 01-05-2012, 08:59 AM
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If you did not receive a summons, you can petition the court to have the judgment set aside due to lack of service.

Also, your employer should have notified you of the garnishment prior to deducting anything from your paycheck. Call HR.




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Sub: #6
Replied on 01-05-2012, 10:13 AM
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Yes, check with your HR department ASAP. They should have provided you with a notice. Get that notice, it will tell you about the judgment against you. If I recall right, that notice should also tell you the court where this judgment came from. You need to know that they can only sue you where you live, or where the debt was originated. So, if you find that they sued you in a county or state that you did not live in at the time this debt was supposedly originated, and it isnt the county and state you lived in when the case was filed, then you have to contact the clerk of courts office in that court and file an order to show cause/motion to vacate. If what I just said is correct about them suing you in the wrong place, then you will now have multiple grounds for your motion to vacate. Since you were never served a summons, there is improper service. If they sued you in the wrong jurisdiction, then you also have improper venue.




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