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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.




What type of debt is it? Have you checked the SOL of your state?

Sub: #51 posted on Fri, 10/23/2009 - 20:16

kfstaff24 kfstaff24

(Posts: 1449 | Credits: )

This "Law office" is extreemly unprofessional!. They file garnishment for something they know nothing about. They are charging me fanominal fees because I have an on going dispute with a company called Stores On Line. There is a Class Action Law suit against them for a variety of issues. I am one of the plaintiffs. But instead of waiting until this action is settled they are charging me double what thoe orginal bill was. They are nothing more than legalized thieves. They are rude on the phone and place you on hole numerous times or tell you to 'Leave a number ". The profession I am in is not condusive to staying on terminal hold or having some one call back. Most businesses do not allow empolyees to have personal phone calls and employees can be fired. This collection agency makes it very clear they don't care about you or the situation by their tone of voice and snippy-ness. They just want to get their bonus checks for settlng an acct. They offer no explaination other than "pay up or we'll take it out of your income". They are no better than hungry vultuers searching for their nest pray.

Sub: #52 posted on Mon, 12/14/2009 - 12:45

Unregistered


First they serve you with a summons and its on official looking local court documents-but are fake.
Check with your local court.
They served me for a debt supposedly owed to a bank in Oregon-I live in North Western Washington.
Same crap-after demads to validate they produced a statement claiming I owed $600+ from many years ago and show the compounded fees , penalties,interest jacking the debt up 200%-but no record of any contract,no documents proving the debt was valid or with my signatures on any purchase!
I filed complaints with the US Attorney General in Washington DC for mail fraud and falsifying a court document-as well as my state attorney general,and US postal service for mail fraud.In fact I filed criminal complaints in every state they sent documents from against them.
I warned them if they pursued any action I would sue them for fraud and demand criminal charges for fraud against both collectors who claim to be attorneys at law.
My advice is to file suit as soon as you get a summons for conspiracy to commit fraud in your local court-and demand a hearing and validation.
In my case I pointed out that if I owed anything to the creditor it may have been prior to the statute of limitations limit and therefor was null and void as the 5 year period has already passed.To attempt to collect on it in Washington is fraud.A felony.
File complaints with your state bar association against their record and with your local state deptartment of licensing.
By law they must have a business license in the county they serve you with any document-like a summons.And if they have not actually filed the summons with your court-its fraud.
Since I filed complaints in 5 states against them and the US Attorneys office-they backed down.
Contact your state attorney general and local news media.

Sub: #53 posted on Tue, 12/22/2009 - 10:40

Unregistered


This is great information for me as I received a letter with a court date yesterday in the mail.

Sub: #54 posted on Fri, 01/08/2010 - 12:42

Unregistered


I too have a summons from S&A how did you answer their summons?

Sub: #55 posted on Fri, 01/22/2010 - 13:57

Unregistered


Hello, I was the topic starter.
I responded to their Summons, unfortunately after 20 days, with a settlement letter, but they didn't respond instead sending aNotice for hearing to me.
I just received a Notice for hearing from Suttel and Associate With two date on it, what does that mean?
One is 2/5/2010 with the word Without Oral Argument checked, while the other is Trial Date 7/11/2011
Does that mean I have to be at the court house on 2/5/2010 or 7/11/2011
Can I submit a written response, since I am going out of theo country on the 1/31/2010
And their proof of me oweing the debt is an billing statement with my name but the wrong PO BOX on it, and an customer agreement, with nothing with my signature on it.
What are my options?
The case is in the superior court of the state of washington King country and case Number is 10-2-03407-2

Sub: #56 posted on Sat, 01/23/2010 - 13:03

Alexander Yeh Alexander Yeh

(Posts: 6 | Credits: )

I was contacted by them a couple of years ago and finally got a letter in the mail last June, I requested validation sending the letter to them certified, return receipt. Recieved my reciept and have heard nothing from them. I am assuming they can't validate the claim!

Sub: #57 posted on Sun, 01/24/2010 - 11:07

Unregistered


Quote:
Originally Posted by Anonymous
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.


My husband and I are in desparate need of an attorney who has success dealing with SUTTEL and their unbelievable cr*p. We are exhausted and need to turn this situation over to someone that can put it to rest. If we can't put it to rest, not only are we going to need bancruptcy help, but divorce lawyers too!

I got a letter from a class action suit that was settled by a Tacoma firm stating that they were looking for persons who had dealings with Suttell for a new class-action suit. I lost the phone number. Does anyone know who is going after them for class-action? Also, since we have been garnished in the past, we would like to find someone ASAP so we can avoid a new garnishment. We are on a payment plan now, but even with the payment plan we can't pay our current bills. We don't need anymore bad debt - but this judgement is hindering our ability to have a healthy life.

Please respond

Sub: #58 posted on Sun, 02/14/2010 - 07:00

Unregistered


Who knows of any attorneys willing to go after these guys, or ANY attorneys who have been successful suing them?

Sub: #59 posted on Fri, 02/19/2010 - 17:31

Unregistered


Quote:
Originally Posted by Anonymous
Who knows of any attorneys willing to go after these guys, or ANY attorneys who have been successful suing them?

You can check at the link below:
http://www.fairdebtforconsum ers.com/

Sub: #60 posted on Fri, 02/19/2010 - 18:08

Shazzers Shazzers
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(Posts: 17345 | Credits: )

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