Anyone dealing with Suttell & Hammer - READ THIS!

[bloomingfern]

Thank you OregonActor for bringing this to my attention! I thought it should be shared with any others dealing with Suttell & Hammer.


SPOKANE (CN) - A Bellevue law firm works with collection agencies to mislead courts and consumers by using "robo-signers" in Minnesota who sign up to 400 affidavits a day, falsely swearing they have "personal knowledge" of cases in Washington state, to secure speedy default judgments, according to a federal class action.
The class claims that Encore Capital Group, Midland Funding, and Midland Credit Management work with the Suttell & Hammer law firm, faxing a boilerplate form to a "legal spe******t" in Minnesota, who signs the affidavit before any supporting documents are attached.
"Encore Capitol Group ('Encore Capitol') has developed a proprietary, sophisticated, 'system driven' collection process based on the 'predictive behavior' of consumers (and state courts). In conjunction with its subsidiaries and 'franchisee' law firms (including the Suttell Law Firm) it engages in computer automated, high volume, state court litigation in the collection of distressed debt (purchased at pennies on the dollar).
"That predictive behavior results in a very high default rate of judgments of unproven cases or for inflated amounts: 1) because the filing of the collection lawsuit by an attorney implicitly misrepresents that the attorney has had meaningful involvement in developing and evaluation of the case against the consumer-debtor, 2) because consumer-debtors frequently default if it is made to appear that a creditor, represented by an attorney rather than a collection agency has sued them, and 3) because that state courts reviewing high volume filings of defaults and summary judgments will enter judgments if it appears on the surface that documentation supporting the debt has been properly attached to the default or summary judgment package. The debt collectors collecting purchased distressed debt have a significant hurdle to overcome in the collection of large portfolios of distress debt (much of it aged) using the state courts. Due to the nature of the purchased distressed debt, the high volumes, and automation the defendants are unable to meet the requirements of the rules of evidence of providing proof of the records of the debt without misleading the state courts and consumer debtors.
"Instead of providing actual admissible evidence of the proof required in a breach of contract lawsuit, the Encore defendants (with the knowledge of the Suttell attorney defendants) hire collection agency employees as 'Robo-signers,' according to the complaint. "The Robo-signers sign several hundred affidavits a day falsely claiming that they are a business records custodian with personal knowledge of the facts. They falsely claim in the affidavit knowledge of the assignment(s) of the debt, the amount of the debt, the interest rate, the default of the debt, the alleged credit card terms and conditions, and the record keeping procedures of every bank in America.
"It is made to appear to the state court judges that the debt records filed with the court were attached to the affidavit by the affiant. This is not true. The affidavits are signed in Minnesota by a Midland Credit Management (a licensed collection agency) employee. Only the two (2) page affidavit is shipped to the Suttell Law Firm in Bellevue Washington. A non-attorney Suttell employee sometime later, as needed, selects and attaches documents to the 'business records affidavit' to send to the court for filing whenever a default or summary judgment motion is required. The court is lead to believe that the affiant has authenticated and established the reliability of the records but the affiant does not even know what records will be later attached to the affidavit by the Suttell employees." (Parentheses in complaint.)
The complaint adds: "The affidavit is printed on a printer at the desk of a randomly selected MCMI employee, employed in St. Cloud, Minnesota. The person selected to sign the affidavit is based upon when the affidavit comes off the printer and which printer rather than any personal knowledge of the affiant of the account being collected."
The class claims that each "legal spe******t" signs 100 to 400 affidavits a day. One spe******t who swore she had personal knowledge that "the plaintiff's predecessor in interest sold and assigned all right, title and interest" did not "have any personal knowledge of who the plaintiff, Midland Funding LLC's predecessor in interest was or even know what a 'predecessor in interest' was, nor what it means to have 'sold and assign all right title and interest,'" according to the complaint.
The class claims that Encore developed its business using a sophisticated process that predicts the behavior of consumers.
Defendant Midland Funding is wholly owned by defendant Midland Portfolio Service, which is owned by defendant Midland Credit Management, which is owned by defendant Encore Capitol Group, which is a publicly owned corporation that trades on the NASDAQ under the symbol ECPG, according to the complaint. All work out of the same address in San Diego.
Defendants are Mark Case, Malisa Gurule, Karen Hammer, Isaac Hammer and William Suttell are all attorneys in Washington state, and all are employees of Suttell & Hammer, the complaint states.
The class claims false affidavits were "served and filed in thousands of cases," in violation of the Fair Debt Collection Practices Act, the Washington Consumer Protection Act and the Washington Collection Agency Act.
The class seeks treble damages, disgorgement of interest, service charges, attorneys' fees, collection costs, delinquency charges or any other fees collected by the defendants, and injunctive relief.
The class is represented by Michael Kinkley of Spokane.

[Tyson2busy]

So I was served yesterday for a debt that they do not list as who it originated from.

Says Superior Court of WA and for King Co. Midland Funding, LLC is Plaintif against me. Summons s/a 245386.001

Please advise what I should do? No money to do anything right now. Not even to file for Chpt 7.

Thanks

[hopefulscambeater.]

IS a response/answer required by you? IF so first thing is to file the answer in the time allowed......there are several examples of good answers posted herein these forums

Also I believe you'll get more help starting your own thread with specifics on your situation (amount sued, date of first delinquency etc. )

[Tyson2busy]

Thanks

I've been searching this forum and the web for many hours today and still do not see how to type up an 'answer' myself. Any links would be appreciated.

I think my tactic will be to stall a few months by answering the summons myself and save up the $$$ needed to file BK.

[hopefulscambeater.]

Good place to start your "quest" IMO

If You're Suing or Being Sued...Read This..

[Quilter]

Wow!!! Is it likely that they would also name the original creditor as plaintiff, even though the OC told me they no longer own the account? If so, that would be another example of them defrauding the consumer/debtor AND the courts (I think that's what they are doing in my case).

[jungle1savage]

if you are looking for a way to get a face to face with any of the attorneys from suttel and hammer pc the address is 10900 NE 8th st Bellevue, WA 98004. I do not have a suite number but that is the physical address as i have told them the address and all they could say was they are at a secure undisclosed location which isn't true

[DanF]

The suite # is 605. They are located in the Union Square Bank building. In my experience with them, they are complete scum. The lowest form of life in existence.

[JaneDoe]

What has your experience been? I just received notice of a bank garnishment and I'm freaking out. Everything looks like it's coming from the courts, but I have never received anything from a court providing court dates or anything. All I've gotten are documentst stating they are suing me and now stating they are going to garnish my bank accounts. Where do I even begin?

[Simpleaim]

I would do is go to the court and find out when the judgement was handed down. No one can garnish without a judgement. Find out what your case # is and then try to locate the all of the information on your case. The court clerk can probably help. More than likely you were served at one point. You need to find the Rules for Civil Procedure in your state and see if you have grounds to file a Motion To Vacate.

But definitely start a new thread on this board so more qualified and experienced posters can guide you.

[DanF]

Jane Doe, I received the notice of garnishment the day AFTER they garnished my accounts. All of our money was taken from all personal accounts. You need to check your accounts now and see what, if anything has been taken or has been placed on hold. if you don't see anything, withdraw every damn dime now! Then go to the court clerk and find out the case number.

Also, Attorney Michael D. Kinkley, Spokane, WA has a class action lawsuit filed against Suttell & Hammer. I found it on this forum last night and called him 30 minutes ago. I am waiting for a call back.

[ThereWillComeSoftRains]

Originally Posted by DanF

Jane Doe, I received the notice of garnishment the day AFTER they garnished my accounts. All of our money was taken from all personal accounts. You need to check your accounts now and see what, if anything has been taken or has been placed on hold. if you don't see anything, withdraw every damn dime now! Then go to the court clerk and find out the case number.

Also, Attorney Michael D. Kinkley, Spokane, WA has a class action lawsuit filed against Suttell & Hammer. I found it on this forum last night and called him 30 minutes ago. I am waiting for a call back.

Hi, I just received my first DEMAND for payment from S&H, P.S. on behalf of ASSET ACCEPTANCE LLC. I was just about to send my verification request but have learned that they exploit the RCW by suing in state court where FDCPA is beyond the judge's judicial scope. I also just saw your comment--do you have a link or any other info about this CA suit? I'm wondering what my next steps are as it seems like the moment I send my validation letter they'll send me a summons.

Thanks for any/all information. Oh, I'm a long-time lurker and just joined today.

[RUSerious?]

Does anyone know if there is an ongoing class action law suit against Suttell & Hammer for their practices? I'd love to be able to expose these people on a big big scale..they are EXTREMELY unprofessional.. and I'm sure the people they are attempting to get money from are not saying they don't owe the debt, but unable to pay the amount these guys are demanding. They say to call and set up payment arrangements and then tell you the amount you can pay isn't acceptable.. REGARDLESS of your situation.

So, get this.. for reasons too long to list here.. my husband and I got into some financial problems a few years ago and sadly our accounts went to collection agencies and then even sadder to Suttell & Hammer (then Associates) .. my husband made monthly payment arrangements with them to automatically take out a certain dollar amount a month.. the payments were coming out regularly as they said they would.. then all of a sudden they took out another payment.. and my husband called the bank asking what the amount was for, they said Suttell & Hammer.. he called Suttell & Hammer and asked why they had taken additional monies out of his account without his authorization when he'd already made payment arrangements? They said, your wife has an account that had been put over into our office, (unbeknowngst to me - nothing received by them at that point) and that is her account we are collecting for. My husband and I have seperate bank accounts and my name is not on the account they decided to take upon themselves and withdraw his funds for my debt. ILLEGAL.. period. Needless, to say he threatened them with legal action and they put the funds back into his account, and then contacted me to make payment arrangements on my account.
I'm not saying that we don't owe the debt, I'm saying the way they go about collecting it, (or trying to) .. kind of hard to pay when you don't have a job.. yet they think suing you is going to somehow make money miraculously show up!
Sadly, I've heard many many horror stories about this company, trying to deal with them on the phone is enough to give someone a coronary! They hang up on you when you don't tell them what they want to hear, they repeat stupid things over and over again like 'your going to have to contact your lawyer for legal advice I can't answer your question'. I NEVER asked them for legal advice, my question was this... everytime I tried to make a discussion of what we could agree on as far as payments he was having nothing to do with the numbers I was putting out there, so then he would say well you can pay whatever you want, but I'm still going to have to go forward with our collection proceedings. I would say then, ok what does that mean? collection proceedings? What is your next move? If I am paying you $100 a month but you want $500... are you still going to file a judgement against me because I'm not paying what you want me to pay? When in truth I'm paying in good faith SOMETHING against my debt... he would answer again and again.. I can't give you legal advice.. !!!! Amazing.. these people have had to move their offices, hide their physical address.. because people have tried to go after them ... I can understand their frustration and anger... they make you feel as if you have NO options.. and I know regardless of that feeling.. its not true..
So, if I can leave any of you with any kind of positive remark.. its this. You are not alone in this, and know that its not hopeless. Reach out and seek others who are experiencing similiar and join together, band together to find a way, a person who knows the law and be the voice for you.
Looking forward to hearing SUCCESS stories against these people.
Blessings
T~

[TomnTex]

I would like to make a suggestion to all posters, when you post something long. Please, please separate your paragraphs by a space and make your topics more readable. Those that have already posted can go back into their post and edit it to be more readable.

I don't mean to complain, but for those of us that are old and have bad eyesight, it would make it a lot easier to read as I have done here. I know everyone would appreciate you making your post more readable.

[DanF]

The attorneys and legal assistants at Suttell & Hammer are the reason lawyers have a bad name!

Obviously there are many attorneys who provide a great service and do a great job. But when you hear the lawyer jokes, they were written for the scum bags at Suttell & Hammer.

I believe anyone who works there or works for them and conducts themselves in the manner they do, don't deserve to remain part of our society. These swine are the reason hatred exists in the world...

When I heard of the man chopping his way into their office with an axe, I laughed for at least 10 minutes... I'd like to buy him dinner and a drink some day.

[Lynn White]

I have had to deal with them twice now on a Capital One Credit card account that was delinquent since 1/2006. How can I get them to stop contacting me seeing this is a time barred account. (I have notified them to this fact both times now)

[1stStep]

Sue them

[Hockeyfanatic33]

How can I use this information to my advantage?

I've been served via Suttle and Hammer and I am sending in my answer today.

Also does anyone know a lawyer in WA willing to defend me?

[WeRDone]

Just found out they filed a judgment against me, and I was not served. I do not even live in King County. I guess it is game on now and I will be calling my attorney tomorrow.

I dealt with this company years ago and it was a complete joke without an attorney.

To check your name to see any cases in Washington State do so here:
http :// dw.courts.wa.gov/index.cfmfa=home.namesearch&terms=accept]Washington Courts - Search Case Records


A company I have worked with in the past on mortgages will be looking into buying Mr & Mrs Hammers mortgage on thier personal home. I hope they pay all thier bills, maintain everthing exactly to the T, because what comes around goes around.

Hammers Home:
http :// info.kingcounty.gov/Assessor/eRealProperty/Detail.aspx?ParcelNbr=6743700229]King County Department of Assessments: eReal Property

[JoRozza]

I am currently dealing with Suttell & Hammer, P.S. as well. I received a "Summons" and a "Complaint" on legal paper last September with no case number on it. I responded and told them that I'd also wanted to file my response with the court but they'd failed to put a case number on the summons. Oddly enough (insert sarcasm) they mailed me another response on just their letter head and mentioned nothing about the complaint they sent me. CITIBANK, the original creditor, failed to respond to a complaint to validate the debt back in May of 2011 too.

These guys are shady, but don't let FDCPA violations and state court's inability to address those stop you. There are plenty of RCW's that address unscrupulous practices and misleadign tactics that should be in the judge's authority to address. As a collector myself way back in the day I can tell you that state's can make collection laws that superceded the federal law, but those state laws have to be more strict, they cannot be more lenient. So it's actually in everyone's best interest to look into specific state collection laws anyway because they put more burden on the agency.

Do a google search for "Washington Fair Credit Reporting Act" and "Washington Consumer Protection Act" and read through those. I'm sure, like me, you can find a plethora of violations they've already committed.

apps.leg.wa.gov/rcw/default.aspx?cite=19.86]Chapter 19.86 RCW: Unfair business practices

I'm curious to see what's going to happen. I have a hearing on 4/18 and Suttell & Hammer have not provided any of the following information:

- A copy of the contract obligating me to the alleged debt
- any kind of payment history showing what I put towards the alleged debt
- any kind of breakdown of what was purchased that would show how the balance of the alleged debt was calculated
- any kind of notice to me that the file was being assigned from CITIBANK to a collection agency or collection attorney

I'm serving them today with a list of demands for production to get these things and a list of interogatories asking them to verify all of the above information and how they plan on prosecuting the case.

I'm wondering if they just don't have that information because CITI only keeps this stuff on file for so long or if they're just being lazy and hoping for a judgment based on the sloppy work they've done so far. Either way, I can promise them one thing, I'm not going without a fight.