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Suttell and Associates: How to deal with them?

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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). The past due statements were approx 1 year old. This balance, along with interest led to the ~$1000 owed. This is all the validation they sent. They failed to provide other key information requested, specifically they did not document or show that the statute of limitations had not expired and they did not provide any documentation indicating that she agreed to pay what they say she owed and was obligated to pay the debt. I have no idea what they are required to send but presumably this would the credit card application (at a minimum) an preferably a statement showing the charges that led to the balance and some proof she authorized the charges (she only had a $500 limit on the card). I don't believe it is sufficient for them to just send a past due statement.

- A week later she was "served" with papers indicating a lawsuit would be filed if she did not respond with a "defense" within 20 days.

- We sent Suttell & Associates another letter pointing out they had neglected to provide adequate debt validation, we highlighted the missing items, and again requested adequate validation of the debt. We told them we could not reply with a "defense" in anything but hypothetical terms until they properly validated the debt. We told them we had tried to contact Capital One, but that Capital One told us we needed to contact the collection agency and that the collection agency was required to provide us with all documentation.

- A month later we recieved some documents in the mail from Suttell & Associates indicating a lawsuit had been filed and included a court date, etc.

- Yesterday we recieved another set of documents confirming the court date. Also, what we found interesting was they provided additional documents in the court documents (no mention that this was in response to our request for debt validation) showing an application for a credit card. HOWEVER, this was someone else's application, not my girlfriend's application. I assume they sent this by mistake. It also included this other person's credit card balance and final statement. Also, in the court documents they indicate we had not responsed to their summons. This is a flat out lie as we have a return receipt for both letters that we sent Suttell & Associates requesting validation of the debt so we know they received the letters.

- We called Suttell & Associates and asked why they had not sent us the debt validation we had requested. They forwarded us to the voice mail of someone in their "legal department". We left a message but they have not responded.

What concerns me about this process is that Suttell & Associates appears to be ignoring all of our requests so that they can pad their fees. We are finding this very frustrating as we simply want validation of the debt. We have no idea how a credit card with a $500 limit has ballooned to a balance of $1000+ and growing. If we legally owe it we will pay, but it seems very unreasonable for a debt collector not to sent us any real information to validate the debt. We tried to call capital one to find out what charges led to the $600 past due (that would really help us know if there were fraudulent charges that led to the balance as we thought it was paid off) and they refused to provide any information, telling us that we had to get the information from the collection agency.

A side note, my cousin (my father's sister's son) is actually the CEO of capital one. He is a very busy guy and I have only spoken to him a few times but I am tempted to contact him about this and let him know how ridiculous this process has been and how much time we have wasted trying to figure out what is going on relating to a card with a tiny $500 limit that has ballooned into a balance of $1750 now that Suttell & Associates is padding the bill with all these unreasonable fees now that they have filed suit.

Do you all have any suggestions? I am wondering if we should contact the Washington State Attorney General as Suttell & Associates seems to be in violation of fdcpa.

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.

Sub: #21 posted on Tue, 03/03/2009 - 18:51


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

Sub: #22 posted on Tue, 03/03/2009 - 18:57


Sorry I do not know of any cases.

Sub: #23 posted on Tue, 03/03/2009 - 20:08


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

Sub: #24 posted on Tue, 03/10/2009 - 13:04


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.

Sub: #25 posted on Wed, 03/11/2009 - 04:31

Moderators Cum Industry Expert
(Posts: 4671 | Credits: )

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?

Sub: #26 posted on Thu, 03/19/2009 - 12:33


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

Sub: #27 posted on Thu, 03/19/2009 - 20:43

rns.mel rns.mel

(Posts: 8 | Credits: )

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

Sub: #28 posted on Sat, 04/11/2009 - 17:51


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]

Sub: #29 posted on Thu, 04/30/2009 - 17:41


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

Sub: #30 posted on Wed, 05/20/2009 - 12:28


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