Order of Default - Suttel & Associates

I will answer your last question first. Unless you have protection on your home they can put a lien on it with a judgment that means that if you ever sell it, they are to get paid what you owe them from the proceeds of the house.. If your car is worth more than your states exemption laws, they can take that but if you are disabled and need a vehicle depending on your state laws they might not be able to take it. If you have Social Security Income they CANNOT take it and furthermore if you have money in your bank account all you do is state that it derives only from Social Security and is exempt from garnishment. They will try to trick you into paying out of your social security, don't fall for it, tell them they cannot touch it.( I don't care if you get $5,000 a month from Social Security they still can not touch it, if they do you can sue them.) If they ask you to make payment arrangements, tell them no.


OK so you where served a summons and failed to answer it. How where you served this summons?
Who and are they suing you for?
How much do they say you owe?
When was the last time you made a payment?
The plaintiff is the same as the attorney????


I take it you are from Washington, correct? If the last time you made a payment was more than 3 years ago you might be able to get this judgment removed and the case dismissed with prejudice. Otherwise you still might be able to get the judgment lifted for other reasons, such as the summons not appearing to be legal.

I won't be back till tomorrow but try to give what information you can without getting too personal. Mostly the things I asked for above and hopefully we can help you out with this.

OK I looked up Washington laws and for cars it states "up to two motor vehicles, not to exceed $2,500 total" [6.15.010(3)(c)]

Thank you for taking the time to answer my post! I will answer your questions below...

I am in Washington state.
I have not made a payment in the past 3 years. (A little over 3 years.)

Your other questions:
OK so you where served a summons and failed to answer it. How where you served this summons?
A man came to the door and I refused to open the door because I did not know him and he said he had a package for me and I was not expecting a package. I thought he might be a religious nut or a robber so I didn't answer the door. I told him to leave the package on the porch. He then left. When I opened the door I found the summons stuck inside the storm door. It was not stamped or filed so I assumed it was a scare tactic.

Who and are they suing you for?
They represent Midland Funding LLC. for a personal loan in 1995.

How much do they say you owe?
After the judgement and with fees and costs it is about $9,700. (I think the principal is higher than I owe but I will have to verify that.)

The plaintiff is the same as the attorney????
No, the plaintiff is Midland Funding.

OK you might be able to go to the court and have the judgment vacated. Be honest with the judge and tell them you thought it was a fake court document and such. If the judge is nice they might do it. You will probably have to go to the civil clerks office and see if they have forms to fill out. Make sure to tell them you are on Social Security because if there is a fee, sometimes with SS income, they will waive the fees for you.

So you said it's been a little more than 3 years since you made a payment. Now was it after 3 years when they filed the lawsuit? If so you can also bring up that the Statute of Limitations is 3 years and your state and that it is time barred.

The attorney for them might try to say it falls under written contract which is 6 years in your state but without a signed contract you can fight them and it will fall under open account most likely. If all goes well the case will be dismissed with prejudice.

Honesty, "thinking: it was a fake summons isnt going to work. A simple phone call to the courts would have verified the information.
Personal loan would more than likely come under a written contract of 6 years.

Soaplady, I think you are wrong here. This is a common tactic among collection agencies in WA state. They serve the person but do not file the lawsuit. The person calls the court and the court says that they do not have any record of a lawsuit being filed. The person then thinks that it is fake or a scare tactic. Then after a little time goes by, then the collection agency files the lawsuit and gets a default judgment because the person did not answer. Something like that. Don't quote me because I am not an expert.

I had the same thing happen to me. I now have a court date for Nov. 13th. I got served on January 8, 2009 and immediately called them to set up payment arrangements. They told me that they would only accept $200 a month and I told them I could only afford $100. My debt was opened in 2002 and my last payment was in 2004. They sent me paperwork the next day to agree to pay the $200. I wrote them back telling them that I did not agree to it and I could only make $100 or settle for $1,000.00 (the debt is for $2,400) They sent me a letter back with a counter offer for $1,900 and I sent them another letter back with a settlement offer for 1/2 my debt and wanted them to validate it. They did validate it and said they were going to pursue to sue me. I then received a default judgment against me and now have a court date. What can I bring to court with me to show the judge that I am trying to pay them and I am not disputing the debt but cannot afford $200 a month.