Suttell and Associates: How to deal with them?

At this point I would suggesting serving them with requests for the same documentation that they have or have yet to provide during discovery. If they fail to provide you with the documentation they would not be able to show cause for their suit and you can motion for it to be dismissed with prejudice.

As to why they cannot provide it, perhaps they purchased the debt from Capital One or another debt buyer and at times they may not have much to go on, or maybe the fees they tacked on are outside of legally acceptable standards and don't want you to know about it.

Assuming they do not reply, how do we motion for it to be dismissed? Do we go to court and motion there? My girlfriend doesn't want to deal with the hassle of going to court. We just want to know what led to this debt and assuming it doesn't relate to fraudulent charges, i.e. we owe it, just pay it and be done with it. But the costs they are adding seem ridiculous, particularly the court related costs.

Type up a formal motion for dismissal. You can usually obtain information and templates on how to type that up correctly at your local civil court website. :)

JCEMT

A request was for validation was sent and Suttell and Associates
failed to validate.

A 20 day notice was sent indicating they would sue if no response was sent.
A request for PROPER calidation was sent again.
Suit was filed. Is this not a violation and Tomdav could file a countersuit for the $1,000 along with the request for dismissal.

Right?

A collection agency is not permitted by law to add fees and interest to a debt either unless they have hired an attorney. In that case it would be the attorney contacting you!

Cellular, if validation was sent and they responded with contact us within 20 days then yes it could be construed as continued collection activity after validation was requested. If the request was sent before validation then it could be overshadowing. So either way I'd say it's a violation.

If you live in Washington State double check on Suttell and Associates Collection License. They don't have one for this state. Therefore if they are collecting for a 3rd party, they are doing so illegally. If they bought the debt for themselves, then they are committing fraud for misrepresenting a 3rd party.

I have read over the posts of each person here and found some valueable information here.

However,

I can really use some advice into my present situation. I recall receiving a notice from Suttell and Associates. The notice was the standard 30 day notice as tomdav and his girlfriend received. However, I put it aside and didnt respond to the 30 day notice. I completely forgot about it and now (this past sunday) I got served with a summons meaning, that I have 20 days to respond with my defense in writing or a lawsuit would be filed.

This is where im currently sitting at and would like to know what you all recommend I should do next.

I'm working on checking their collection license but being that I have never done something like this before, its a pain to find the information that I need. Any help that I could get would be appreciated.

sorry all for the double posts. im new to this site and had a few problems with my IE browser. One of the posts can be deleted. my guest username was twindy. now i have been assigned drjmspence.

Thanks for understanding and I hope everyone here can help me out.

So did your GF have a Cap1 acct? I ask because from looking at your original post:

Around the first of the year my girlfriend received a letter from Suttell & Associates indicating that they were collecting ~$1000 relating a Capital One credit card. We were unaware of any debt.

- Within 30 days she sent Suttell & Associates a debt validation letter requesting validation of the debt.

- In response they sent her 2 credit card statements indicating a balance due of ~$600 and behind 5 and 6 payments. I did notice on the 2 past due statements that they were being sent to an old apartment number in the same apartment complex (I suspect my girlfriend forgot to update her apartment number when she changed apartments so never received the notices).

If she did have a Cap1 acct, how could she "forget"?

Anyway...she is being sued. She needs to worry more about preparing a defense and less about fdcpa violations. If they did violate then she can answer the suit with counterclaims but from your post, I don't see a violation. Cap1 keeps excellent records and very rarely sells off bad debt while still w/in SOL. If the statements they sent were on Cap1's letterhead and not Suttell's, then their validation falls w/in FDCPA standards.

[quote]Anyway...she is being sued. She needs to worry more about preparing a defense and less about fdcpa violations. If they did violate then she can answer the suit with counterclaims but from your post, I don't see a violation. Cap1 keeps excellent records and very rarely sells off bad debt while still w/in SOL. If the statements they sent were on Cap1's letterhead and not Suttell's, then their validation falls w/in FDCPA standards. [/quote]

I beg to differ with you, Cap1 does NOT always keep excellent records, and I can vouch for that. :D

I too once had a collection placed by Suttell and Associates and yes they are a law firm who represents several different creditors. As I went to their office to pay off my account in person, I noticed many attorney awards they had won which to me is a reputable firm. I agree, you need to worry more about a defense rather than fdcpa violations because you are wasting precious time. They are going after a judgment so they can have a secured interest rate within the court and have the power to garnish you. I dealt with several people over there but specifically someone named Robert who was very helpful and kind. If you get someone nasty, I would refer you to talk to him (if he is still there)

Suttell and Associates is not in good favor with me. I was in a car accident , fell into some debt knowingly but knew things would get better. When I was healed and finally able to work I received a court summons on my door step that had been left in the rain all day. I did all I could to get the papers ready,and then faxed them in to the lawyers office.. I called them and was told to get a lawyer,, nothing I sent them seemed to matter at all. Now what can I do,, I'll lose my job if I can't get gas for my car by Monday ,, I all ready paid my bills and sent them out,, and theres nothing for food now. This is not a simple matter with me,, it endangers my family if something bad happens. If they would have said hey we need to get this paid now I would have worked it out with them,,but they won't communicate in a normal manner and I have no way to get answers over the weekend. I'm really mad and upset and I won't say aloud what I think of these debt collectors/ lawyers.
Any one have any suggestions on what we can do to keep this from escalating to the point that we lose everything? I didn't even think that this kind of thing could happen like this,,I always pay my debts,, why did we get the chopping block instead of a negotiated settlement agreement?
Just the last thing to mention,, be sure if they get a hook on you, Make sure you keep some cash on hand,,don't get caught in this dilemma like we did.
Best of luck to you

I to am being sued by an attorney representing Capital One. if you have already been served a summons (the twenty day letter) then yes, this law office is suing you. The attorney office hassling me also sent copies of credit card statements. I spoke to a consumer law attorney and he told me that they have already validated the debt and I needed to either pay it in full or offer a settlement. Your gf needs to check into this and make sure what is going on because if it is ignored they can win a default judgement against you.

I am a Washington attorney who deals with Suttell and Associates
on a regular basis. If you do not file an answer with the court within 20 days, Suttell will obtain a default judgment and garnish your wages and/or bank account.
You have to file the answer with the court to avoid the default judgment.
Talking to Suttell and sending them requests will do you no good. It is not considered an "answer" by the legal sense of the term.
You need to answer the allegations in the legal complaint and file it with the court.
Do it on notebook paper or toillet paper if you must. Just do it.

If Suttell is not licensed in WA to act as a collection agency, then RCW 19.16.260 says that they are not allowed pursue a lawsuit other that a default judgement. How come Suttell is not required to license?

Where does it say they are not required to be licensed, I do not understand your question.

What the law does say is that if you file an answer they must prove they are licensed, if they can't the case will be thrown out. If you fail to answer the summons and they get a default judgment against you then they do not have to provide documentation that they are licensed.

Po kertramp, good answer. Your reasoning is sound.

Do you know of any Washington State cases that have been thrown out because the collections attorney was not licensed? I would like to read some case law as an example. Thanks.

Pokrtramp, Thank you for all of your answers.

I was wondering if you know of any cases Washington State cases that have been thrown out because the collection attorney was not licensed. I would like to read some case law for examples. Thanks

They are not a reputable firm. They make many mistakes and have had class action lawsuits filed against them. There are several cases against them.

Suttell and Associates and I use the term associates quite loosely. I too received a legal looking document which said either respond or they would proceed with legal action. I responded via fax and it was still filed as a lawsuit. I did not have the money for an attorney and felt that I owed the money and so let it ride. Over the next year and a half they took 25% of my take home pay and despite numerous calls, fax certified letters calls to the attorneys no oneknows how much I owe despite what it says on the judgement. I believe I deserve to know that. Event he attorney on the court documents cannot tell me and in fact has hung up on me. I have filed a complaint with every legal organization I can think of and have gotten no help.

Reputable? Any one who does business the way suttell does hanging up on people unable to say how much is owed does not respond to mail is not reputable they should be reported to the better business bureau and anyone who will listen

Sorry I do not know of any cases.

i can beat all of your issues, i have two (2) judgements filed in there (suttell & assholes) faver in 05, but both credit cards had been dismissed in 01 in my bankruptcy, i just found this out in 08 and its been a battle from then till now , any ideas

I would contact your BK attorney. You should be able to file Motions to vacate and then sue them for violating a federal stay of BK.

So I got some legal advice and they told me not to answer because then it will produce more legal fees. I explained my situation and was told I dont have a defense so I shouldn't respond. Instead they suggested that I call suttell and associates to work out a payment arrangement which I did. They wouldn't accept my offer and said they will go thru with the lawsuit..then she says i can make payments and they will credit it to my account but they still will go thru with the lawsuit?..makes no sense to me. Did I get good advice?..I'm lost. Anyone know if Debt credit counselors help with situations like this?

that's me ^^ i spoke with my debt counselor she agree's with the attorney. what do you guys think?

definately not a reputable firm.... the first thing we ever received from them was a summons..... nothing previously

humanoid stupidity deleted..paulmergel
[samebox:5bec8534a8="paulmergel"]hey bud don't come here with the same old pay your bills line it won't last long i can assure you.[/samebox:5bec8534a8]

Anyone whom is a victim of collections and has an issue should contact the Attorney Generals Office.

I am also a WA attorney. I am intimately familiar with S&A and their practices. If you anwswer the complaint, they will move for summary judgment. If you respond to their motion, they will fumble around a bit. Send them discovery requests. Specifically, send them requests for admissions. If they neglect to answer them, they are deemed admitted. Also, be a pain when dealing with them. They are not there to help you. They are trying to get as much money as they can from you. If they already have a default judgment, MOVE TO VACATE. You are almost guaranteed to win such a motion. Do not make this easy for them. They are hoping you will ignore this problem. Then they get a quick default and garnish your wages or bank. Not a good thing.

Guest who is a WA attorney,
Can you tell me if it would be worth my while to file an answer if in fact, it is a legitimate debt? I've talked to the firm that is representing my creditor (not S&A), and they'll do a payment plan if I sign a stipulation to judgement. I'm thinking this isn't such a great idea. They won't send a copy of the stipulation for me to review until after I make an initial payment. Not sure how to proceed. I am in Washington.
Sorry for hijacking this thread on S&J.

WHEN THEY SERVED ME INITIALLY, I SENT AN "ANSWER"
NOW THAT I HAVE A COURT DATE, I NEED TO SEND ANOTHER ANSWER TO THE COURT? AND, CAN IT BE THE SAME ANSWER?

I NEED TO KNOW WHAT TO SAY. WHAT IS A REQUEST FOR ADMISSIONS. HOW DO I RESPOND TO THEIR MOTION?

For the court process see:
"http://www.nedap.org/hotline/court.html"
Keep in mind that it is for New York and may differ in some aspects from your state.

As far as a response to their motion, that would be legal advice and for that you need an attorney.

Several years ago I was in financial distress due to a serious illness that left me unable to work. I was unable to make payments to my Capital One credit card. I received a letter from Suttell & Associates informing me that I had thirty days to contact them about setting up a payment schedule or I would be sued. Fortunately, I had just qualified for a VA disability award. I called Suttell and implemented a payment schedule of 150 dollars a month, to be payed by an automatic withdrawal from my checking account. That was fifteen months ago, which comes to a total of 2,250 dollars, on a balance of what was approximately 2,000 dollars when I began paying. During this time, Suttell & Associates have not sent me any statements no have I received any sort of communication from them. According to my records, my obligation to them has been fulfilled. Yet they are continuing to withdraw money from my account. They are impossible to deal with by phone. No one seems to be willing to give out information. What should I do?

Write them a letter, tell them you have already paid them "x" amount of dollars, and you want a paid in full letter.

Withdraw permission for the withdrawal through your bank (go in, don't call).

Suttell and Ass is sueing me on Capital Ones behalf. I sent a written request to them for a debt validation. It had several things on it that I was requesting. The only thing they sent was the affidavit and a billing statement. I already had those things from them in the original paperwork. They state that this is enough to prove the debt. Is that correct? Or does it matter that I requested other info and they didnt send it?

Unfortunately, the validation law is so vague as to be virtually useless. If they are taking you to court, file a Motion for Discovery, which is where they actually have to *prove* it's your debt.

See the website I mentioned above for more info. Google search your local county civil court for any needed forms and for a referral to Legal Aid, should you not be able to afford an attorney.

Suttell & Associates took over my Cap1 debt as well. I made 3 monthly payments of $200 on the debt but I was not recieving any record of the payment (reciept/statement). I was paying directly to them and should have been paying to the courts. None the less I wrote them 3 letters and called their office and asked if I could recieve some sort of reciept for my past and future payments....no response. I wrote a 4th letter saying I was ceasing my payments until I could get a reciept or statement. They filed their court goodies and with all the fee's they are now collecting $4000, up from $2300 and there is no record anywhere of the $600 I have paid let alone any information that I have ever tried to contact them. Is there any way to talk to the judge or the courts and explain that I had been making payments and I was getting no response/cooperation from Suttell & Associates? I am in the process for filing for bankruptcy but it still upsets me that they pretty much claim that Ive made no effort to pay the debt and contact them.

Of course. Object to their statements as false and provide the evidence with the testimony of its falseness. Then, after the case is over, sue them in Federal court for the FDCPA violation (they cannot lie top you, much less to the court) and collect your $1,000.

karen Hamer is a bitch at ext 107

I'm in the same situation with Sutell & Associates. However, my debt is valid, I am guilty as charged. :)

I was wondering, though, even after a summons is given, is it too late to contact them and work out payment arrangements and avoid the courts?

Ask them. You can also try to work out a settlement or payment arrangement in court to avoid going to judgment. For pointers see:
"http://www.nedap.org/hotline/settle.html"
It is for New York and so some of the info may vary in small points with your state.

I noticed sutell and associates had made an inquiry on my credit report about a year ago. I tried to call them and left a message but never got a response from them. about a month ago i rec'd a demand in full letter. I shot off a debt validation letter to them rec'd the return reciept and have heard nothing from them. The 30days are almost up and if i don't hear from them what is the next step. I live in washington state and i know that they are not licensed here.
Thanks for any help you can give me!

I had a credit card that S&A took over. What started out at 500.00 has now become just over 3,000 dollars due to fees and such. I know that I owe the debt due to having alot of financial issues a few years ago. Anyway, they had been garnishing me since December of 2008,taking 25% of my earnings. I found out some important info. If you are being garnished in WA State they can only garnish you for 60 days, then they will be able to file another garnishment with the courts(which by the way, yes they do charge fees for every time that they do that). They will stop garnishing you for 60 days then file another over and over again until the balance is paid and you've paid all these court fees (basically its like 60 days on 60 days off). After researching this myself and speaking with S&A a few times, I was advised that I can setup a payment plan after the last garnishment had run its course. I called them and told them that I can pay 100.00 every 2 weeks, which was alot better and easier to manage than the 4-500.00 every month they were taking (I usually get paid 2 times a month). I am very protective of giving my bank info. They wanted to have it autodrafted out of my checking. I said no and that I would send them a money order. They agreed to that.They have not filed another garnishment against me (no more court fees either). I keep my money order receipts and faithfully call them every single time I mail them a payment so I know I have records of dates and times and whom I spoke with. There are a few nice people there but theres one really nasty guy (not saying his name, but you'll know if you talk to him) .Anyway hope that helps.

I was also served a summons and a default judgement against me. I did respond within the 20 days and have 3 letters from there office within the 20 days but did not know I also had to file it with the court. The summons said that I must respond to the complaint by stating my defensde in writing and serve a copy to the undersigned attorney which is Suttell & Associates.

I am also being sued by them. I was served papers from a debt back in 2002. It was bought by another creditor and sold to Suttle & Associates in 2007. My last payment was in 2004. I had not heard anything from either creditor in 5 years. I tried to make payment arrangements with them and they said they would only accept $200 a month and I told them that I could not afford that but would pay $100. The next day I received some papers in the mail saying that I needed to give them my bank account information and that I had agreed to $200 a month.

I responded to them in a letter telling them that I did not agree to this amount and offered to settle for $1,000. They sent me a letter back with a counter offer for $1,900. (the debt is for $2,400)

I sent them another letter telling them that I was willing to settle for half the debt and would pay it in cash by the end of the month and asked them to validate my debt.

About 3 weeks went by and I got a letter from them with my debt validation and a letter that said that I must pay the $1,900 or $200 a month or they would pursue to sue me.

About a month ago I got another letter that was a judgment against me for a default judgment for not responding to them within the 20 days. I was totally floored because I had 3 different letters to them within the 20 days trying to pay them or settle the debt.

Reading further on the summons they had first sent it said to file my response and give a copy to the person sueing me. Any regular Joe Blow would not know that meant file with the court house. So yes, I am in default. I know that I owe the money and I am trying to pay them. Now it sais that I will have to pay the court costs of $840 on top of the $2,400 I owe. That is how they make all of there money sueing people and also making them pay court costs. I tried to pay them and now I am being punished and will probably get my wages garnished. I just had a baby and told them when I was served in January that I only had $1,000 that I had saved up for my baby but I was willing to give it all to them and they said no. Now with a new baby and an 11 year old at home i am totally strapped as it is. I work full time and also get state assistance for medical and WIC for my son.

Does anyone have any advice that I can take with me to court to tell the judge so that I can show after disposable income with my rent, groceries, utilities that I have hardly anything left?

Thank you,
Clamarsh

Quote:

We are working with a debt settlement company and just received notice to appear in court to declare our assets. Isn't this something that our debt settlement company should be able to handle?