Debtconsolidationcare.com - the USA consumer forum

Help dealing with Suttell & Associates

Date: Mon, 06/23/2008 - 11:25

Submitted by drjmspence
on Mon, 06/23/2008 - 11:25

Posts: 7 Credits: [Donate]

Total Replies: 45


I put my post into a topic of its own. Being that it wasnt picking up much attention but I could use anyones help on what I should do.

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

However,

I can really use some advice into my present situation. I recall receiving a notice from Suttell & 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.


I am confused to what you are saying. You stated that if you don't answer within 20 days, they will file a lawsuit. A summons is a lawsuit.

Is there a docket number on this summons? If so did you call the court house to confirm it is a real summons?

You also stated that they want you to go to Bellevue to serve them in person. This strikes me as odd.

How far away is Bellevue from you? Also does it list a court house on this summons and if so, how far is that court house?


lrhall41

Submitted by on Mon, 06/23/2008 - 13:20

( Posts: | Credits: )


In following the instructions on the first page, it cleary states this "In order to defend against this lawsuit, you must respond to the complaint by stating your defense in writing, and serve a copy upon the undersigned attorneys for the plaintiff with 20 days after the service of this summons, (or within 60 days days after the service of this summons, if you were served outside the state of washington) excluding the day of service, or a default judgment may be entered against you without noticed."

This is exact word for word from the first page of this summons. I have gone over every page of this summons and not a single court date is even listed. No I have no called the court to verify this.

I would have to go to Bellevue to serve them being their office is in Bellevue. I live in Auburn. A good 30 mins or more away from Bellevue. With my present situation of not working right at the moment, I cant do much and im watching what traveling I do and where I go.

This will be in King County Court. Im not sure how far the court house is from me. I never needed to go their. I believe they are in Kent not to far from me.

sorry, im not use to all this legal stuff. I see what you mean as a summons being a lawsuit.


lrhall41

Submitted by drjmspence on Mon, 06/23/2008 - 13:38

( Posts: 7 | Credits: )


Are you in King county or Pierce? If you live in Pierce you can request that the case be dismissed due to improper venue.

You do not have to serve them personally, actually you might be prohibited from serving them due to a conflict of interest.

In answering the summons just take the questions that they asked and using the same format and answer them. For personal stuff like your name, etc, just reply that this is true.

In regards to the debt answer that you are unable to confirm or deny this information due to lack of information.


lrhall41

Submitted by on Mon, 06/23/2008 - 20:53

( Posts: | Credits: )


I live in King County.

How can this be considered a conflict of interest and if so, what do you recommened on how to serve them?

In going through the summons, I dont see them asking me any questions, I just see them stating that im reasonsible for that and the other.

Can I ask them to validate this information and bring further proof that this is my debt.

What about finding out if this CA has an actual license from the state of WA? Any ideas on how go to about doing this?


lrhall41

Submitted by drjmspence on Mon, 06/23/2008 - 21:18

( Posts: 7 | Credits: )


I just had to share this with ya all:

The debt company called and refused to work with me on setting up payments to repay the debt. They asked what I could give them and I said $50.00 up front right now but they refused to take it. So now I guess things are going to go to court and I will have to fight them their


lrhall41

Submitted by drjmspence on Wed, 06/25/2008 - 14:52

( Posts: 7 | Credits: )


I have a so called summons in front of me, the debt is valid, when i called to make payments, they asked what i could pay ($100) and the young man stated he could only go down to $125.00. so i guess i cant really complain since they dont call me or send me junk mail.
Concerning me and collections, I no room to complain as i have worked with a few collections groups who love sending paperwork.
so if you indeed made the debt and you know its in default, pay them and be done with it, try to remember your dealing with a sort of loan shark, failure only means more BS.


lrhall41

Submitted by on Wed, 12/03/2008 - 11:04

( Posts: | Credits: )


I was served a complaint. I responded before they received a judgement???? I faxed a PRO SE NOTICE OF APPEARANCE.
SUTTELL called me. They will not deal. debt is $8300+ the original debt was $5000+. I have not received a current billing. They offered a$7000 settlement if I pay by next Friday March 6, Right!!!!! What else can I do. I would be willing to pay what was due 2 years ago, but 2 years of finance charges or whatever they added is not feasable. I need to make payments, when I do pay


lrhall41

Submitted by on Sun, 03/01/2009 - 01:40

( Posts: | Credits: )


So, my wife gets a visitor at home this afternoon. I have now been served by these guys also. $2300 and change plus $650 attorney fees. Same as the guy above about 20 days, etc. Funny thing about it. The paperwork is dated October of 2008. What's the deal? What do I need to do? Help ASAP....thanks.


lrhall41

Submitted by on Wed, 03/04/2009 - 21:01

( Posts: | Credits: )


My husband was served papers by Suttell in Oct of last year on a credit card he had with Capital One before we were married.

Long story short: A default judgement has already been awarded. Received a letter a few days ago (still going to our old address even though I changed it with Suttell several times) saying we need to declare what they can't take. The only money we have coming in at the moment is Social Security which I've already been informed they cannot take. It also asks about property which is exempt, I don't know what constitutes exempt property nor where to go to find out this information. If anyone can give me this information I would be grateful.

Also, I've been finding a lot of stuff about Suttell being shady (some here, some other place). And I mean a LOT. 95% of the stuff I've found on them is complaints of dishonest dealings. Such as them not having a license to do collections in Washington (I am based in Washington) and just shifty business practices. I'm wondering if there was a way that the judgement could be reversed. We really cannot afford to pay $2000 when we're living on $600 a month.

One last thing, since the debt was incurred before he and I were married, are my personal assets safe from being taken?


lrhall41

Submitted by on Fri, 03/06/2009 - 16:49

( Posts: | Credits: )


have been dealing with suttell and assest accceptance and the debt scavanger agencies to collect on a debt thatthey can not prove that exist over thepast five years , suttell and associates and assept acceptance suck , and needs to burn in hell with all the other greedy mf's of this pathetic worthless planet


lrhall41

Submitted by on Mon, 03/16/2009 - 08:17

( Posts: | Credits: )


they've done all their paper work and the have not proved the claim to be real


lrhall41

Submitted by on Mon, 03/16/2009 - 08:19

( Posts: | Credits: )


I also received a summons on the 16th. They delivered it to my aunt's house in King County. I no longer live there.. I haven't lived there for over 6 years. It's dated the 5th. It's 20 days after the summons was received correct? I am not sure what to do..looking for legal advice...help!


lrhall41

Submitted by on Wed, 03/18/2009 - 21:58

( Posts: | Credits: )


Got this from an attorney in Washington State

In Washington State, many debt collectors will serve the
Summons and Complaint prior to filing with the court. Therefore the summons and complaint will not have a case number when the debtor receives them. Often times, debtors will call the court to inquire about the case. However, because the case was never filed with the court, the clerk informs the debtor that no case exists. The debtor then mistakenly believes that no response is required. (This is perfectly legal in Washington State.)

Then, when the debtor fails to respond to the complaint within 20 days, the debt collector files the summons, complaint, and a motion for default judgment with the court, without providing the debtor with further notice. The debt collector obtains an order of default judgment and now has a valid judgment against the debtor.

Typically, the debt collector will then wait more than one year to attempt further collection upon the judgment. The debt collector does this for two important reasons. The first is because it is more difficult to undue a judgment more than one year after the judgment was issued. The debt collector therefore benefits from ???hiding??? the judgment from the debtor for at least one year after it is issued. The second reason is to allow interest to accrue on the judgment. The minimum interest for a judgment in this state is 12%. The interest can be higher if the contract and the judgment authorize a higher rate of interest.

Be sure to file your answer with these guys within the time frame.


lrhall41

Submitted by on Sun, 03/22/2009 - 10:51

( Posts: | Credits: )


if i filed an answer and lost i would have to pay the increased court fees correct? i called to set up payment arrangements and they did not agree so i faxed this company a payment proposal and still havent heard back ..im thinking to answer the summons because i have 2 days but its the increased court fees that get me..


lrhall41

Submitted by rns.mel on Mon, 03/23/2009 - 12:20

( Posts: 8 | Credits: )


People need to stop implying to other people that the summons is not real. It's real. In the state of WA, a S & C does not have to be filed. You must respond, even if only a notice to appear. Otherwise, you will not be notified of the court date, at which point the case WILL be filed and assigned a case number. You'll lose big time. And it's all legal. Unfortunately.


lrhall41

Submitted by on Sat, 03/28/2009 - 10:31

( Posts: | Credits: )


Actually SOME of these summons are NOT real, because the CA sends them in the hopes of scaring the debtor into making a quick payment to avoid court. I am talking about totally fake summons. It does happen.

I totally believe that a CA would stoop to the tactic listed above, so now people should habitually call and see if a case was filed if they get a summons. Or, better yet, would be funny to turn the tables on them.

If you get one of those types of summons, where you call the court and find out no suit has yet to be filed, I would immediately fire off a DV. Since they haven't actually filed, they would have to validate the account. Heh..let them choke on that!


lrhall41

Submitted by goldenbast on Sat, 03/28/2009 - 23:48

( Posts: 2884 | Credits: )


we have been tryig to work out a deal with these sharks for over a year and a half. We did get into debt trouble but are paying off all the old debts nothing was "discharged" or written off as they like to say, if they sold the debt they did so but we have paid off or are paying off every one of our debts. This just happened to be the last one. Suttell got the case (we are already paying them $400 on another debt that we worked out just fine over a year ago) and my husband tried writing letters, many many many, calling, faxing, etc to get a payment set up for this debt. Suttell never responded, and filed garnishment on my wages (after us telling them over and over and over we could pay not the amount they are taking out of my wages ,over $500 a paycheck) but at least $400 a month which I think is reasonable. Anyway is this legal. We tried in good faith over and over to set something up but yes, now we have more interest and lega fees attached and this garnishment. What is a person's legal right?


lrhall41

Submitted by on Fri, 06/05/2009 - 13:51

( Posts: | Credits: )


BigT
Do you have an update on this thread? I'm in a similiar situation, but with a different agency. When I offered to make a payment arrangement, they were willing to go with it, as long as I signed a stipulation to consent judgement. I'm not sure that would be the best way to go. On the other hand, if they get a judgement in court, I'll then be on the hook for attorney fees and courts costs. Not really sure how to proceed. I don't really have any defense. I do owe the money and I'm prepared to enter into a payment plan I know I can maintain.


lrhall41

Submitted by on Fri, 06/05/2009 - 15:54

( Posts: | Credits: )


I too just today the 7 of july recieved a summons (summons dated feb 11,09 have recieved nothing certified from them, usually the suit number is up next to NO. on the papers, in my case there is none, as this also referrs to myself and say defendant is believed to be married, which i am not, I have sent all the credit card companies hardship letter Citibank is the only one that has given this to Suttell.

The odd thing is it states that a law suit has been started against me, it either is or isn't, as there are no number for that suit, but there are very small number now under the summons s/axxxxxx on all pages.

With the suit they also attached a notice to service member and their dependants? does't apply to me.

they also talk about the 650 dollars and the highest interest fees, however, they young person that served didn't even ask whom I was, as there are two homes here, and I have a very common name, how did he know he served the right person, as he told me it was confused which house. I should no id, or said my name?

Guess I sould not of went outside when he honked, as I didn't know who he was?

I owe credit card debt, and Citi bank is one of them, but they did not forward any of the letters I sent to them to the law firm.

I too must answer in 20 days, however, I don't know if this is mine or not as I'm not married and Citi bank was sent all the proper information about the medical hardship, I have more expenses every month than money, so I had to stop paying as I was trying to send them any amount, and than they tacked on the big late fees jumped the rates up, so I had to stop paying.

I can do bankruptcy, but what a pain under the new Bush rules. Thought the new president was going to make that easier, so we can start fresh in a bad ecomany.

As I owe more than my house is worth, the attorney i went to said walk away, get an apartment, how does that help with the dept, guess if they can't find you they can't serve you was his thoughts?

I would just like to write the truth, but attorney are go about twisting what the real truth is, have you noticed that, and they always want to tape it and you have no way on your end. So they can edit tape and you can't prove otherwise.

So what do i do, I have 3 doctor appointment per week, and am not very mobile.

thank you
need help?


lrhall41

Submitted by on Sun, 06/07/2009 - 22:48

( Posts: | Credits: )


First, call the court to make sure the summons is real. If it is, their case against you is weak, if it is even yours. And IF it is, you said the date was Feb 11, which may possibly mean a judgment has already been issued. If so, you would File a Motion to Dismiss due to Improper Venue (ask the court how).

Yeah, BK *is* a real pain these days thanks to aggressive lobbying by the medical industry (medical debt is by far the #1 reason people file bankruptcy).

That was a very strange thing for an attorney to say. Speaking of your home, did you try the provisions of the Stimulus package? You may be able to save it.


lrhall41

Submitted by Chrys Henderson on Mon, 06/08/2009 - 02:46

( Posts: 2538 | Credits: )


Similar to Disabiled Lady, I received a summons regarding a loan in early July but with a date over 4 months old on it. It was delivered by a non-clean-cut individual that didn't ask for a signature or do much to verify my identity. The debt involved is mine.
I will definitely call the courts to confirm that the summons is real. If I find that indeed a default judgment has already been entered, what are my options? These guys are the utmost strikingly sneaky in their ways from my perspective and obviously other perspectives as well.


lrhall41

Submitted by on Sun, 07/12/2009 - 14:08

( Posts: | Credits: )


Ok, Make sure that you file an "answer" on that first summons. I learned that the hard way by doing only what it said. I am checking on Suttells business practices. They seem to run a very shady business and are not above "skirting the law". I am in the process of filing a complaint with the Washingon State Bar Assoc.


lrhall41

Submitted by on Sun, 07/26/2009 - 21:20

( Posts: | Credits: )


I filed my answer in writing to Suttells too. I was served that summons November 29th in the middle of night by not real clean looking person, terrified me! Then I wrote to them and sent a demand for court and sent it certified Dec. 2nd. Never heard a thing. Then in June receive a real summons for a request for judgement and I'm like what the heck is going on?

So I show up with all my records etc and the judge did throw it out as they failed to notify me that I had to file in to the court.

Yesterday I receive another notice that they are requesting a reconsideration of the dismissal as by law they are not required to notify me that I had to serve the court and that since I acted PRO SE it was my responsiblity to file things just like an attorney would in the accepted format.

The judge mentioned that their original summons was not in the usual standard format that usually instructs people that they have to file in the courts.

Also this reconsideration motion states that they served me in October of 08 when in fact I have the affidavit from the guy who served me that he served me on November 29th.

I'm so glad I found this site and googled the suttell and associates name.

Anyone want to come with me to court and tell our Grays Harbor County judge what these guys have been up to?

Seems they are really taking advantage of the court system and sticking it to us! My debt is only 660 and I have proof of the unauthorized payments that the original creditor stole from my account in march of 05 which is why I quit paying.

They are seeking 3200 from me now!

Help anyone willing to drive to Montesano Washington in mid august??????


lrhall41

Submitted by on Fri, 07/31/2009 - 14:05

( Posts: | Credits: )


I received paperwork from them, and when I responded, received a payment notice saying that I am required to pay them $2500+ for a credit card that had a $500 limit. How is this legal? It said when to make the payment by, but did not provide any payment options, or even state what forms of payment they take. I have been calling and calling, but they have not once returned my messages.


lrhall41

Submitted by on Fri, 08/14/2009 - 15:49

( Posts: | Credits: )


Make sure that there is a actual case number on the summons. I had been served 3 months ago and was told by my the Debt Assoc. I'm working with, that they (creditors) will use this as a "scare" tactic. I haven't heard back yet other than Suttell & Assoc wanting to negotiate my debt to Capitol One of which I'm not buying....
If anything, look up the info through your city's justice of the court and see whether you have a REAL summons against you.
I check mine weekly and since the "fake" summons I haven't been served with a lawsuit, as you can see it has been well over 30 days since the summons was delivered to my front door.

Wish you the best!







Quote:

Originally Posted by Anonymous
I am confused to what you are saying. You stated that if you don't answer within 20 days, they will file a lawsuit. A summons is a lawsuit.
Is there a docket number on this summons? If so did you call the court house to confirm it is a real summons?
You also stated that they want you to go to Bellevue to serve them in person. This strikes me as odd.
How far away is Bellevue from you? Also does it list a court house on this summons and if so, how far is that court house?


lrhall41

Submitted by on Fri, 10/02/2009 - 11:54

( Posts: | Credits: )


Suttell & Associates is known for sending out "Fake" summons as a scare tactic. If it is a real summons, it will have a case number, and a date to appear. My Lawyer just said wait 90 days to see If they file a "real" cimplaint. So far nothing. Go to Washington Courts website and do a name search. If your name does not show up, you are in the clear. Hope this helps.


lrhall41

Submitted by on Tue, 01/26/2010 - 20:26

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
Suttell & Associates is known for sending out "Fake" summons as a scare tactic. If it is a real summons, it will have a case number, and a date to appear. My Lawyer just said wait 90 days to see If they file a "real" cimplaint. So far nothing. Go to Washington Courts website and do a name search. If your name does not show up, you are in the clear. Hope this helps.


Don't be so sure about this. In Washington State, a summons can be served from the lawyers to the defendant with no court date or case number. If you demand that they file it with the courts, they must do so in 14 days or the service is void.

Even without a case number or any listing on the court's web site, you must still answer the summons. I've researched this and that is what I have found. The one thing I have not found out about yet is how long the summons service is good for before they have to file it with the courts (assuming you haven't demanded that they do so). I received a summons in June and it is not yet filed with the courts.

Pickles


lrhall41

Submitted by on Wed, 01/27/2010 - 09:15

( Posts: | Credits: )


I have been reading here and I'm confused about next moves. My husband was served tonight by Suttel and Associates (or whatever they are currently called.) We were hoping to settle this debt. Is it too late?
We retained a lawyer a while back when we were thinking about bankruptcy. I guess I'll call him on Monday to find out how to respond.


lrhall41

Submitted by on Sat, 01/30/2010 - 22:14

( Posts: | Credits: )


FYI - Suttell & Associates is now Suttell & Hammer (S&H)

A summons and complaint can be served before they are filed with the court. It is still a valid summons/complaint even without a case number. It makes perfect sense for S&H to do this. One, they are more likely to back down if you respond to the complaint. So why not wait until no response and then file it AND get a default judgment. Two, they know that by not filing it will cause confusion and people are more likely not to respond.

If you are served with a summons and complaint I think it's worth your time to respond and simply mail the response back to them via certified mail with return receipt. It is not necessary that the response be personally served on them. In other words, you don't need to drive over to S&H and drop off your response. They ARE required to personally serve the summons and complaint on you or an adult in your house. But you can mail the response.


lrhall41

Submitted by on Fri, 04/30/2010 - 15:20

( Posts: | Credits: )