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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.




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.

Sub: #41 posted on Thu, 08/13/2009 - 23:46

Chrys Henderson Chrys Henderson

(Posts: 2532 | Credits: )

karen Hamer is a bitch at ext 107

Sub: #42 posted on Mon, 08/17/2009 - 11:32

Unregistered


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?

Sub: #43 posted on Sun, 08/23/2009 - 15:51

Unregistered


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/hot line/settle.html"
It is for New York and so some of the info may vary in small points with your state.

Sub: #44 posted on Sun, 08/23/2009 - 23:21

Chrys Henderson Chrys Henderson

(Posts: 2532 | Credits: )

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!

Sub: #45 posted on Fri, 09/04/2009 - 12:13

Unregistered


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.

Sub: #46 posted on Tue, 09/22/2009 - 19:17

Unregistered


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.

Sub: #47 posted on Sun, 09/27/2009 - 17:57

Unregistered


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

Sub: #48 posted on Mon, 10/12/2009 - 17:24

Unregistered


Quote:
Originally Posted by Anonymous

Clamarsh


Did they ever serve you a summons? If not, my research indicates they have violated your Due process. The summons would have given you 20 days to respond to them in writing. My summons did NOT specifically state I had to file my response in court. As you can see from my pevious post, the Judge not only allowed my rebuttal to their "Motion For Default", but he also rejected their motion. If they did not serve you with a summons, you can motion to "vacate" the order of default.

Again, I am not an attorney, just someone who recently spent 30 hours researching WA law and prevailed as a result. All the information you need is on-line. It's just a matter of finding it, preparing your defense, and following through by filing with the Clerk's office.

Good luck.

Sub: #49 posted on Thu, 10/15/2009 - 08:08

Unregistered


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?

Sub: #50 posted on Fri, 10/23/2009 - 19:48

Unregistered


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