Suttell & Associates -- Assistance Requested
Date: Fri, 03/06/2009 - 16:51
Long story short: A default judgement has already been awarded. Received a letter a few days ago (still going to our old address even though I changed it with Suttell several times) saying we need to declare what they can't take. The only money we have coming in at the moment is Social Security which I've already been informed they cannot take. It also asks about property which is exempt, I don't know what constitutes exempt property nor where to go to find out this information. If anyone can give me this information I would be grateful.
Also, I've been finding a lot of stuff about Suttell being shady (some here, some other place). And I mean a LOT. 95% of the stuff I've found on them is complaints of dishonest dealings. Such as them not having a license to do collections in Washington (I am based in Washington) and just shifty business practices. I'm wondering if there was a way that the judgement could be reversed. We really cannot afford to pay $2000 when we're living on $600 a month.
One last thing, since the debt was incurred before he and I were married, are my personal assets safe from being taken?
If you need any other information, please let me know. Thanks
How long ago did you get married? When was the last time he made
How long ago did you get married? When was the last time he made a payment on this account before all this happened?
The Statute of limitations in Washington is 3 years on credit card debt. If it was more than 3 years since he made a payment and was then sued, he can motion to vacate the judgment and have the case dismissed because the debt is time barred.
As for Social Security they CANNOT touch it and do not pay them a dime out of it. For exempt property, go here http://www.bcsalliance.com/debt1_washington.html
Scroll down a bit and you will see what is exempt in your state, such as up to 2 automobiles $2,500 total. If you have one or 2 cars and if either both or in the case of one car is worth less than $2,500 they cannot take it. If it is worth more and they take it to auction, I believe they must give you $2,500 and the rest is for them to keep to satisfy the judgment.
I am not 100% sure but I do think that your assets are safe as long as they are in your name only. If the credit card was only in his name and he is the only one who was sued I don't think they can legally take something that is not in his name regardless if you are married or not.
We've been married since May of 2008. I'm not sure when the last
We've been married since May of 2008. I'm not sure when the last payment was made on the card and my husband can't remember.
Just my husband was sued.
Another thing, my husband is handicapped. And our one vehicle is specially designed with a wheelchair ramp for him to get in it and other things to make it accessible. Would it be exempt from being taken because it's an accessible vehicle and the only way he can get any distance.
What state are you in? I think that each state has its own list
What state are you in? I think that each state has its own list of exemptions.
Maybe Nascar or Skydivr can help you with this question.