ConfusedInWA

Just got served during my daughters bday party...now what do I do?

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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! :confused:

HELP! Sorry this is so long, I just wanted to get all the info in there!

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This is something you need to pay attention to. Do you not recall being served at some point in August? If you are certain that you weren't, you really need to get over to the clerk's office and get a copy of your case file and take a look at the proof of service. Once you've done that, you can better determine how to proceed next.

Assuming you were properly served and did not respond, you need to know that post judgment execution is different than the underlying civil action. If you blow it off, and the court finds you in contempt, a warrant could issue for your arrest.

If you are truly uncertain as to how to proceed, it's really in your best interest to consult with a local attorney.

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so are they playing lawyer or debt collector or both???

Lawyers who regularly collect debts are considered debt collectors.

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.

Can't sue people in the military while they are deployed, have to wait until they come back.

I literally have no assets, not even jewelry haha.

You can just show up and tell them this if you'd like, but you need to understand the seriousness of what they sent you. This sounds like a post judgment enforcement subpoena/request for a debtors exam and you need to show up on that date or fill out the questionnaire like they said and send it back. If you do neither you may be found in contempt of court.

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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".

Edited by ConfusedInWA

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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".

Check your state laws re: summons/supoenas....In Tenn either of these must be SERVED TO THE INDIVIDUAL to whom it refers...in other words it must be handed to you personally, or left in the hands of someone at your address who is competent to accept it

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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).

Depends on the laws of your State. In NY, a summons can just be mailed or left on a porch. I tried looking up the laws of service in your State but the resource I trust for such information did not really explain how service is effected in Washington all that well. I did find out that process servers are required to be registered though.

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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

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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 judgment against me and explain what happened?

_________________________________________________________________

They are sleaze bags. They summons you, then you checked to see if they filed and they didn't... Right?

Then they re-summons you by means of the local newspaper. You missed it... They filed for a default judgment and got it... Check on old news papers.

Anyway, don't give up. Don't talk to them! Get a Lawyer and go to court. Go to court anyway and explain what happend... Your Validation of Debt (or lack of) issue is your ace in your hand.

I think they make up there own documents and should be thrown in jail!

Get yourself a lawyer and fight them! Counter file with some FCRA & FDCPA violations.

Just my opinion. I'm not a lawyer, seek your own counsel. Good luck!

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OK, at this point here is the situation.

You had a Default Judgment entered against you in August. What that means, realistically, is you lost. Sure you can go back and say "hey i wasn't served" but by your last post you say that you thought it was a fake. But you were served (through your husband) and you even wrote on it. right so far?

Since your business is in WA and OR I assume your county of residence is Clark County, yes? Go to the Clark County Courthouse in Vancouver and get every shred of paper you can regarding the case that ended up in Judgment.

I would find a consumer lawyer (www.naca.net) and get a consult with him or her. This is past the beginnings of a lawsuit...you HAVE been sued and you LOST (by not going to the Courthouse). the paperwork you received recently is their COLLECTING on the Lawsuit. Any communications from the COURT needs to be paid attention to - as stated earlier, if you bow off the Court they can issue a civil warrant for your arrest.

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