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Help in dealing with SUTTELL & HAMMER, P.S.

Unregistered
member profile picture

They said they are collecting 1100+ for a Capitol One credict card debt that I owe.
I sent 2 debt validation letter through registered mail one after another in 30 days(2nd one 30 day after the first one with no response) requesting they validate the debt, I have not received any paperwork or information.
Today, I received a "Summon" from who I would presume is a process server that handed me a summon after I signed a paper.
There is no case date, nor case number on that summon, in that summon they said they have filed a law suit, and I have 2 week to respond, the summon says it's from the King County Superior Court.
Also in that summon they said that I am a service member, or the dependent of one(I am not) and that I am married(I am not)
My question now is what do I do next?
Since there isn't a case number or court date, who do I write to?
The Collection Agency or the Court?
would I require a lawyer for a debt of this size?
And if I respond, how do I respond, is there a format to respond to?

THank you for the help.

Information on them is this
http://www.sos.wa.gov/corps/search_detail.aspx?ubi=602312491
https://fortress.wa.gov/dol/dolprod/bpdLicenseQuery/lqsLicenseDetail.aspx?SessID=2240&RefID=1140850




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #1 Quote:Originally Posted by AnonymousThey said they are collectin
Fri, 12/11/2009 - 10:16

Quote:
Originally Posted byAnonymous
They said they are collecting 1100+ for a Capitol One credict card debt that I owe.
I sent 2 debt validation letter through registered mail one after another in 30 days(2nd one 30 day after the first one with no response) requesting they validate the debt, I have not received any paperwork or information.
Today, I received a "Summon" from who I would presume is a process server that handed me a summon after I signed a paper.
There is no case date, nor case number on that summon, in that summon they said they have filed a law suit, and I have 2 week to respond, the summon says it's from the King County Superior Court.
Also in that summon they said that I am a service member, or the dependent of one(I am not) and that I am married(I am not)
My question now is what do I do next?
Since there isn't a case number or court date, who do I write to?
The Collection Agency or the Court?
would I require a lawyer for a debt of this size?
And if I respond, how do I respond, is there a format to respond to?

THank you for the help.

Information on them is this
http ://www.sos.wa.gov/corps/search_detail.aspx?ubi=602312491
https://fortress.wa.gov/dol/dolpr od/bpdLicenseQuery/lqsLicenseDetail.aspx?SessID=2240&RefID=1140850



a couple of questions.

1)did you send the first validation within the 30 days?
2)do you live in king county?

if the answer to the first question is yes,then check with your court clerk to see if this is legit.if so then this bottomfeeder violated the FDCPA.if it is not legit then they still violated the FDCPA.if it is legit then go to NACA.NET and find a consumer attorney that will countersue them.again if validation was requested within the 30 days they violated the FDCPA,and should be sued for that.because any collection activity after validation was requested is a violation,and either filing suit,or sendind a letter saying you did is collection activity.first things first.check with your court clerk to see if suit was filed because they have to sue in your county.




unclewulf

Posts: 3181
Credits: 31502.85

Sub: #2 [SIZE=3]Even if you didn't get the first DV in within the 30-day
Fri, 12/11/2009 - 11:00

[SIZE=3]Even if you didn't get the first DV in within the 30-day window, all is not lost.

"The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer."
[COLOR=blue][/COLOR]
From: FDCPA, ?? 809: Validation of debts
15 USC 1692g(c)


[/SIZE]




Unregistered

Sub: #3 Yes, I live in King County. and I called the King County Superio
Fri, 12/11/2009 - 12:15

Yes, I live in King County. and I called the King County Superior Clerk office, they tell me to respond to them, since it is not filed as of today.
I sent out the first DV letter on 06/22/2009 within 30 day of receiving information on my debt from them, then I sent out a second DV letter on 07/23/2009, both are through USPS with signature requirement of which both are signed, showing they did receive it, I have not received any information, until today

Which in short is In the Superior Court of the State of Washington
Plaintiff: Capitol One Bank
Defendent: Me

This part is all blank
No.
Summons

s/a 203515.001

The paper states that a lawsuit has been started against me, with their claim in the written compaint.
In order to defend against this lawsuit, I must respond to the complaint by stating my defense in writing, and serve a copy upon the undersigned attorneys for the plaintiff within 20 days after of this summons, this summon is dated December 4, 2009.

So if I respond to them, how do I respond, is there a format and what should I say?
Thank you for the response already.




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #4 you don't respond.go to NACA.NET and find a consumer attorney th
Fri, 12/11/2009 - 12:45

you don't respond.go to NACA.NET and find a consumer attorney that will work on a contingency basis.once you do that let the attorney contact them.they willfully violated the FDCPA,and should sued for it.do that,and collect 1,000.00.




Unregistered

Sub: #5 Quote:Originally Posted by paulmergelyou don't respond.go to NAC
Fri, 12/11/2009 - 15:54

Quote:
Originally Posted bypaulmergel
you don't respond.go to NACA.NET and find a consumer attorney that will work on a contingency basis.once you do that let the attorney contact them.they willfully violated the FDCPA,and should sued for it.do that,and collect 1,000.00.


But if I don't respond, wouldn't there be a default judgement against me?




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #6 there hasn't been a suit filed so find yourself an attorney,and
Fri, 12/11/2009 - 16:16

there hasn't been a suit filed so find yourself an attorney,and have them respond.your court clerk said there wasn't a suit filed.if they file suit you will be served respond then.you sent proper validation,and they respond by violating the FDCPA.either get an attoney,and sue them or wait until suit is actually filed and respond that this place never validated the debt.use your receipts as proof,and demand validation during discovery.you will be served if they file suit not given a letter attempting to get you to pay on something that they more than likely don't have legal right to collect on.they didn't validate for a reason.btw if you respond i guarantee that they will hassell and threaten you to pay.again either keep up on it with your court clerk and respond when they file suit,or get a contingency lawyer,and sue them for breaking the law because that is what they did.




Unregistered

Sub: #7 Suttell & Hammer (formerly Suttell & Assoc.) needs to be stopped
Mon, 01/04/2010 - 11:27

Suttell & Hammer (formerly Suttell & Assoc.) needs to be stopped from ramming people (illegally) through the court systems. I have gone through the same - no response to discovery requests. My summons had a number, however, but Suttell & Hammer is still not cooperating at all with demand for discovery (even when sent through the court system). I have an arbitration date through the court on 1/7/10 coming up this week. I have prepared my case (with help of friends who have the correct forms, etc. and who have won in court on the same) and will see what happens. Suttell & Hammer are a calculating, abusive and antagonistic law firm intent on intimidating and depriving defendants of due process of law. They take advantage of people not knowing the state and federal rules and laws and not knowing how to fight them in court. Another of their favorite tactics is to go straight for a Motion For Summary Judgment Award right after they have filed and served the summons, claiming that no material facts exist. This unlawful firm needs to have a class action suit filed against them. They and others like them need to be stopped!!! Enter Suttell & Associates and Suttell & Hammer into the search engines and see what you come up with. They are all over the web. People are complaining of their illegal tactics!




Unregistered

Sub: #8 The same things happened to me just like you are experiencing-I
Thu, 01/14/2010 - 15:48

The same things happened to me just like you are experiencing-I just had court today (01142010) in Snohomish Co Superior Civil and lost my case. The Judge stated that he does not enforce consumer protection laws or Federal Laws. I stated that they are not Collection Agency compliant because they do not hold a current Collection Agency Licence thru the Department of Licensing. He said 'They act like layers in my court' I asked about Suttell and Associates not responding to my two seperate validation letters and he just ignored me. I asked why he ignored the SOL and he said 'the truth in lending agreement does not constitute a law. A credit card account is a written contract' I explained that I am completly unfamiliar with this account, he ignored me and He refused to respond to my allegations that Suttell and Associates violated consumer protection laws. I already had the proof of these violations recorded within the case file. Suttell and Associates (now known as Suttell and Hammer) did not serve me any calender notes. But apparently this is all acceptable?!?
My assumption - The consumer really does not have any rights!!!
I have already contacetd the Attorney Generals Office and filed a complaint, as well as the FTC, my Legislator, Senator and Governer...I am really contemplating going to the media as well. What happened today in court was just WRONG!!!!




paulmergel


Posts: 15508
Credits: 135761.15272958

Sub: #9 Quote:Originally Posted by AnonymousThe same things happened to
Thu, 01/14/2010 - 18:40

Quote:
Originally Posted byAnonymous
The same things happened to me just like you are experiencing-I just had court today (01142010) in Snohomish Co Superior Civil and lost my case. The Judge stated that he does not enforce consumer protection laws or Federal Laws. I stated that they are not Collection Agency compliant because they do not hold a current Collection Agency Licence thru the Department of Licensing. He said 'They act like layers in my court' I asked about Suttell and Associates not responding to my two seperate validation letters and he just ignored me. I asked why he ignored the SOL and he said 'the truth in lending agreement does not constitute a law. A credit card account is a written contract' I explained that I am completly unfamiliar with this account, he ignored me and He refused to respond to my allegations that Suttell and Associates violated consumer protection laws. I already had the proof of these violations recorded within the case file. Suttell and Associates (now known as Suttell and Hammer) did not serve me any calender notes. But apparently this is all acceptable?!?
My assumption - The consumer really does not have any rights!!!
I have already contacetd the Attorney Generals Office and filed a complaint, as well as the FTC, my Legislator, Senator and Governer...I am really contemplating going to the media as well. What happened today in court was just WRONG!!!!


that's funny.just looked up your county clerk's site,and there is no case# of this kind.please either give a real scenario,or don't post this again.yes i searched the court clerk site for this county,and found nothing to substanciate this.shill.in fact i might seek permission to forward this to snohomish/adams county.let them know that someone is defaming their court by stating a judge disregards the law in favor of a bottomfeeder.




Unregistered

Sub: #10 I am sorry you feel this way -This really happened
Fri, 01/15/2010 - 06:14

Quote:
Originally Posted bypaulmergel
that's funny.just looked up your county clerk's site,and there is no case# of this kind.please either give a real scenario,or don't post this again.yes i searched the court clerk site for this county,and found nothing to substanciate this.shill.in fact i might seek permission to forward this to snohomish/adams county.let them know that someone is defaming their court by stating a judge disregards the law in favor of a bottomfeeder.

Hi Paul,
I am very sorry you feel this way - this really did happen - this is a real scenerio. I did not list a case number - I listed the date the case was heard.




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