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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.




Quote:
Originally Posted by Anonymous
I answered the summons, hired a lawyer to represent me. I had done everything that I suppose to do and still lost the case and end up having to paid my lawyer for a fees almost $5000.00. Suttell & ass are the most nasty people to deal with. All they want is money and money.
The debt that I owed is $8000.00+ interest + court fees + lawyer fees = $17,000.00
I???m thinking about quit my job, file bankruptcy so that Suttell & ass can???t collect a penny from me.


What is your case number? I'd be interested in looking it up.

Pickles

Sub: #81 posted on Fri, 06/04/2010 - 12:34

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[QUOTE=Anonymous;707039]What is your case number? I'd be interested in looking it up.
Pickles[/QUO

Can't give you the case number. How do I know that you are not from Sutell ass?
You can go to the Snohomish or King county Court House to find all the cases under Suttel ass.

Your debt is your debt, the judge will make you pay back unless your income source is from social security disability.

Sub: #82 posted on Sat, 06/05/2010 - 10:50

Unregistered


Court cases are public record, and the lawyers already have the case number. The way your posting is written, you sound like someone who works for Suttell and its Associates who is just trying to get consumer to settle with you instead of hiring a competent consumer lawyer. If you are legit, you have nothing to fear by sharing the case number. If you are working for the collection lawyers, get a life.
Also, judges don't make you pay anything, they either sign a judgment order saying you owe, or they don't.

Sub: #83 posted on Sat, 06/05/2010 - 17:12

Joe Smith Joe Smith

(Posts: 93 | Credits: )

Quote:
Originally Posted by Joe Smith
Court cases are public record, and the lawyers already have the case number. The way your posting is written, you sound like someone who works for Suttell and its Associates who is just trying to get consumer to settle with you instead of hiring a competent consumer lawyer. If you are legit, you have nothing to fear by sharing the case number. If you are working for the collection lawyers, get a life.
Also, judges don't make you pay anything, they either sign a judgment order saying you owe, or they don't.


I agree. That's why I asked for a case number. Something about the original post didn't sound right. I'm have been dealing with Suttell and Associates also, and I seem to be having some success in fight them. With just a little push back from me, and they had to dismiss their case (without prejudice).

Pickles

Sub: #84 posted on Mon, 06/07/2010 - 17:17

Unregistered


What should I do if they either never served me a summons, or they served my parents with it, which was not my current address? This debt is DEFINITELY past the SOL, I got the summons about 2 months after they gave it to my parents when I visited them. IF that was a summons from them (it was 3 years ago), they didn't serve ME. Secondly, they just started garnishing my wages a month ago. So basically my 2 questions are:

How do I inform the courts I never got served with a summons now that I'm already being garnished?

How do show the courts that the debt is past the SOL now that I'm already being garnished?

I hopefully have an appointment with the Northwest Justice Project coming up, perhaps get some representation.

And last but not least, they're suing on behalf of Midland Credit Management. I called Midland Credit Management to find out what the debt was, and they said call Suttel and Associates. They gave me a number, and the line was disconnected. I called back and they said to call Suttel and Associates again. I told them the line was disconnected and they hung up on me. Sleeeeezy. I'm going to call them back and record the hangup and send the recording to the BBB or something. Any suggestions on where I should send that?

Thanks for the help,

Ryan

Sub: #85 posted on Tue, 06/08/2010 - 15:04

Unregistered


I had a random judgement appear on my credit report, apparently from these guys (Suttell in Bellevue, WA). No summons whatsoever was ever served to me. These guys are crooks!

Sub: #86 posted on Sat, 10/02/2010 - 21:44

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They tried to "sue" us for a $200 bill which of course went to almost $800 with their "fees". So, I had my aunt who's a lawyer give them a call and wouldn't you know they were magically able to work it all out with me! They're nothing but low life scum.

Sub: #87 posted on Wed, 10/13/2010 - 10:41

Unregistered


I'm an attorney in Washington which primarily handles consumer debt negotiation, Washington Consumer Protection cases and Bankruptcy. I see 50 lawsuits a month filed by S&H. They are predictable and fairly easy to negotiate with.

Bottom line, if you owe the debt they will obtain a default judgment against you, drag you into court for a debtors exam and garnish your wages or bank account if it gets to that. Call them up, strike a deal and move on with your life. In my experience, most debts can settled for approximately 40% of the balance with S&H. Cash is king when it's time to settle. Payment plans cost more than lump sum settlements.

A couple of misnomers I saw repeated on this site. First, S&H will respond to a DV letter and know what they do and don't have to provide, after all, they may be bottom feeders but they are attorneys. Second, most of their lawsuits are served without a case number. Washington law allows a lawsuit to be commenced in Superior Court to without filing it. They can personally serve you and file it later (up to 60 days later). You have the right to demand that they file it within 14 days but nobody wants a judgment to come down any sooner than it needs. Third, attorneys are subject to the FDCPA if they are a debt collector, however, they are exempt from the requirement of obtaining a collection agency license under Washington law.

There are many procedural and substantive defenses that can be pursued if you have a legitimate beef. I lost my job and am unemployed and couldn't pay isn't a legitimate beef. However, you should be happy to know that S&H can't under Washington law garnish your unemployment or social security payments. If you have a job they can only take 25% each pay period and must leave you a minimum amount to live on.

Finally, if you're married and living in the state of Washington, and incurred the debt during your marriage, the debt will be presumed to be a communal debt and YES they can garnish your spouse even if they weren't on the card. Even if they didn't use the card, they can still be held liable.

I practice in Vancouver, WA but can assist folks state wide who have legitimate beefs, have additional questions, or need further assistance. I charge $40 for a 15 minute phone consult and can represent you in negotiating the debt or settling the matter for as low as $500.00. More services are available and can be discussed.

Feel free to contact me if you'd like to obtain my services.
Solicitation removed: Please read TERMS OF SERVICE for a more detailed description regarding advertising. Shazzers

Sub: #88 posted on Sat, 12/11/2010 - 20:11

Unregistered


dude I think you work for them

Sub: #89 posted on Sun, 12/12/2010 - 15:05

Unregistered


Looks like these crooks have changed names and moved shop once again. This is the 3rd or 4th time they've restructured and moved recently. They now seem to be in the old Seattle Tower downtown operating as 'Suttell Collection Services".

Sub: #90 posted on Thu, 01/06/2011 - 15:29

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