ConfusedInWA

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About ConfusedInWA

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  1. Ok So after getting a default judgment against me from Suttell and Hammer (there was no court case number on the papers, so I thought it was a scam), I have reluctatly agreed to payments on a $4100 cc account. I first started with paying $50 a month directly to the credit card company per S-n-H instructions. Meaning, I sent a money order to suttells address, but it was made out to Citibank. I believe it's because they are acting as lawyers for Citi (the judgement on my experian says plaintiff is citi) and not debt collectors...although their papers all say they are debt collectors, yada yada. I only paid the first payment due to hardship (business wasn't doing so well), then in August after they wiped out my checking, which only had $110 in it...called to set up a new payment plan and agreed to pay $100 per month, then we'd revisit it. Paid several of them, missed 2 payments over xmas time, now I'm trying to get all my stuff in order. So in total I've paid them $460.16. I haven't heard a peep from them about any missed payments. So I called them asking for the account balance and previous payment history. They acted like it was just soo hard to do. Talked to a higher up, she was nice, she agreed and sent the letter and said she'd put in a payoff agreement or something like that. So got the letter including the case number with the county..here's what it says...... Dear ..... Pursuant to your request, I am enclosing a copy of the payments we have received for the above stated account. The current balance of the account is $6141.80 as of the date of this letter. We are debt collectors. Any information obtained will be used for that purpose. If you have any questions regarding your rights or responsibilities you should consult with your own independant council. If you have further questions call.... signed by an attorney at law Soooo yea, the original balance is $4168, I've paid $460, but I owe $6141???? I have NO idea what this extra amount is, there is nothing stating what it is. I don't know of any intrest/fees ect. I want this GONE. I sold my business, am not currently working, but want to get this paid off and gone. BUT I don't feel I OWE $2000 extra in fees! Can they do that? What can I do? Can I send them a letter offering to pay off? Or do I contact Citi directly? Will they potentially take less than the original debt?? HELP! I won't call anymore and I need to send them a letter asap so I have a paper trail. Thanks
  2. so will this be "poking the lion"?
  3. How do I dispute with the credit agencies? Do I dispute that they don't own it?
  4. Yesterday I received a letter from Midland Credit Management, Inc. that just says "Chose the option that works for you" Giving me 3 payments options on a chase bank account... option 1 40% off option 2 6 payments option 3 small monthly payments I don't recall getting a letter from them before, but who knows I could have just thrown it away. I almost threw this away because it just looks like junk mail. I have my credit report pulled already and found the original account from chase stating it was charged off and them "transfer/sold". It looks like it was sold to mcm as I see them also on the report. What do I do? I'm reading some NIGHTMARE issues with mcm and it freaks me out. Should I send a letter to them asking for validation or verification or something. the date of last payment stated by chase was early 2009. So I'm guessing I have a little over a year left on the sol. I am already paying off suttell and hammer for something else, I have NO extra funds and I have a business and business partner I need to protect. I would pay it if I could, but I can't. Bankruptcy is NOT an option at all. I got into this mess afer trying to save the business back in 2008 during the big downturn. We are finally breaking even, don't have much in assets BUT I don't know if the business would be "worth" anything if audited. So since this is a "give us your money" letter, can I ask for validation or whatever?? will this just open up a can of worms? Should I just ignore for now???
  5. OK, so I went to the courthouse and found out when they served me. I guess on June 21st, I was not here, but they gave the papers to my husband (they spelled his name wrong on the paper that said they served me, don't know if that matters). I went searching through some paperwork on my desk and found it. I don't remember getting them, but I did write on it that I had received it on the 21st (I have a bad memory, it's obviously biting me in the a$$ now). I also put that I searched for a case number and couldn't find anything. So I'm guessing I assumed this was fake and didn't reply to it. I vaguely remember searching for something this year online, but can't place a time on it, so I'm guessing it was this. I honestly don't remember getting this paper. The middle of june I was in the middle of getting a new business partner, moving my business, and building out, so the summertime is a total blur for me. so on the that it says that a lawsuit has been started against me. and I just respond in 20 days in writing and serve a copy. my question is. I sent back in MARCH asking for verification & validation of this debt, they signed for it. I never heard anything back from them. So no verification and no validation. I STILL don't know what this is from. Just that it's from citibank for $4100. I have never had a citibank card to my knowledge (I haven't had a credit card in a couple of years and the last one was discover i think) I'm not necessarily denying that it's mine, I just want some proof that it is! Aren't they in some sort of non-compliance by starting this lawsuit without the request validation??? Can I write to the judge that did the judgement against me and explain what happened? The BIG question is can they touch my business account? We are set up as LLC in Oregon (I live in Washington). I think I'm going to pull my name off the account anyway just in case, since it's a LLC partnership. Another big question. Can they touch my husbands accounts. I'm not on any of them, I don't own the house, nor the cars. BUT I do know that WA is community property state, so what does that mean for him? Can I contact Suttle & Hammer (or should I)? IF the debt is mine, I have no problem working out payment, but these guys are asses from everything I've read about them, so I'm concerned about trying to work with them. I have a call into a lawyer right now for a consult. but thought I'd post here while I wait for a call back
  6. No, I don't recall being served. I would totally remember if someone came up to me and handed me papers and told me I am served. I've never been served in my life, so this one yesterday was the first. So if I find out they didn't serve me in august what do I do? They have to serve me directly right?? They couldn't mail it or leave it on the porch could they? If that were the case, then it could have easily been thrown away or the wind blown it aways (if it were on my porch). I definitely see the seriousness of this and fully plan on being there. But isn't S&H in violation? I sent them a letter asking for information on the debt and got nothing. I did that after researching them and seeing how they are total scumbags They can't go after the business can they? I mean, we literally make enough to just stay open right now. Plus it's in Oregon, umbrella'd by two LLC's. Also, can they go after my husbands paycheck? He is not on any of this stuff. I'm going to the court tomorrow to pull the necessary paperwork to find out how/if/when I was "served".
  7. UGH So I've been dealing with the famous Suttell & Hammer. I think I've done what I should be doing, but just got served papers that say "order and proceedings supplemental to execution and order to show cause pursuant to rcw 50.12.070 (Clerks Action Required)" It says I'm supposed to appear at a hearing before the supplemental proceeding judge on january 14th. And says if I fail to appear in court I could be in contempt. Then it goes on to say I need to bring in documents relating to my employment, tax returns, property, assets etc. Then there is another one that says "motion and declaration for order for examination and order to show cause for a judicial subpoena" In those it starts talking about dept of employment security and says that if the "judgment debtor is employed in the state of washington he/she likely has earning in excess of those exempted from garnishment under washington law. etc so the questionnaire asked for my occupation, my employer info, gross salery, if I'm married (I am, but he is not on any of this info), his work info, my ssn, bank accounts, residence info, balance of mortgage/liens, stocks/bonds THEN there is a another paper attached to the end of (obviously not part of the court paperwork) stating that i can avoid this hearing if I voluntarily complete the questionnare and deliver the docs to their offices no later than 2 days before the hearing. part of the paperwork says they are debt collectors, part says they are lawyers. so are they playing lawyer or debt collector or both??? so here's a timeline. i got a letter from suttell and hammer on feb 20th saying "you owe this" typical demand letter. I sent a verification and validation letter stating they have 30 days to respond, if they don't, essentially saying that they are agreeing that the debt either isn't mine or they can't prove it (don't know if that's legal or whatever, but figured I'd try! I used a template I found). I sent that letter on March 3rd, certified, return receipt, I got the return receitp signed on March 10th. I haven't heard a peep from them until today at my daughters party when I got served. I am sooooooo confused as to what to do. I did a case records search and found 3 things. something filed on January 8, 2010, no link so I can't see what it is. Have NO idea what that is. Then two things filed on August 12, 2010. Ones says my name as "defendant" one says "judgement debtor" When I click on the one that says judgement debtor it says.. "The docket data for this case may have been archived. Contact your local court for more details." However under the defendant one it says this (copy and pasted) Sub Docket Date Docket Code Docket Description Misc Info 08-12-2010 FILING FEE RECEIVED Filing Fee Received 230. 1 08-12-2010 CASE INFORMATION COVER SHEET Case Information Cover Sheet 2 08-12-2010 SUMMONS Summons 3 08-12-2010 NT RE: DEPENDENT OF MILITARY PERSON Nt Re: Dependent Of Military Person 4 08-12-2010 COMPLAINT Complaint 5 08-12-2010 AFFIDAVIT/DCLR/CERT OF SERVICE Affidavit/dclr/cert Of Service 6 08-12-2010 MOTION FOR DEFAULT JUDGMENT Motion For Default Judgment 7 08-12-2010 DEFAULT JUDGMENT Default Judgment 08-12-2010 EX-PARTE ACTION WITH ORDER JDG0009 Ex-parte Action With Order Judge Robert A. Lewis 8 12-03-2010 NOTICE OF ATTY CHANGE OF ADDRESS Notice Of Atty Change Of Address 9 12-03-2010 MOTION&AFDT EXAM OF JDGMNT DEBTOR Motion&afdt Exam Of Jdgmnt Debtor 10 12-06-2010 ORDER RE: SUPPLEMENTAL PROCEEDINGS ACTION Order Re: Supplemental Proceedings Order Re Spplmntl Proceed 10:30am 01-14-2011M3 12-06-2010 EX-PARTE ACTION WITH ORDER JDG0005 Ex-parte Action With Order Judge Richard A. Melnick So ya, I don't know what the military stuff is, I'm not, nor is my husband in the military. My dad was discharged before I was even born (over 34 yrs ago). So don't know what that is about. Also, I own a business with another person. I live in Washington State, but the business in Oregon. It is set up as an LLC, with both of us set up LLC"s as partners in the main LLC (so we own our own LLC's, and "technically" those LLC's own the main business. She just became my partner this summer, we moved the business and I literally make about $200 a month right now while we try to build the business. The house/cars etc are ALL under my husbands name. I am only on the insurance for the cars, the house is fully under his name, except for the part that I signed that if he died I'd get the house (I'm assuming the deed?). But I do not "own" the house, it's fully financed under him. He is fully employed, but also in Oregon. I literally have no assets, not even jewelry haha. So pretty much what do I do? I need advise in very plain english, I'm soooo overwhelmed with all the options and confused. I "think" I need to file a motion to vacate? Since I didn't know what any proceedings and the judgment was filed against me??? I don't understand this paperwork at ALL. ugh. I have ADD so this is very overwhelming and the words just start to look like mush after a while! HELP! Sorry this is so long, I just wanted to get all the info in there!