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Suttle and Hammer... do I keep paying them?


Oddshot
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Hi All,

Do I keep paying on a potentially "illegal" judgement?

This is probably a dumb question, but since I have been recently having troubles making my payments to Suttell and Hammer (they have judgment against me) I started researching options and came across a post here on the forums and it made me wonder if I got scammed and have an option to call it good or even pursue legal action against them for wrongful suit... not like I have the money for that :lol:

The back story is that I owed Citibank around 10k (owe them or S&H around 3k now) I could not pay a few years ago.

At the time I had settled with my other creditors but Citi wouldn't work with me and instead went to Suttle and Hammer (they had a different name then) from Bellevue, Washington to pursue judgment. I was served, and did not contest (I did owe the money), so they got their judgement... that was dumb of me huh?

I should have... now that I know... asked for proof, went to court, made them stick to the law, but it was a challenging time and was easier to not take on another battle.

Now it is another challenging time... I haven't been able to pay them in a couple months. I call and they basically ask when I can and then I try to do that... there are no additional penalties for paying late or interest accruing or anything of that nature... has me wondering if they actually have a legal right to the debt. Seems like they would have some sort of penalty for non-payment if they did... I guess they could try to get into my bank account right?

So, like I said, I am exploring options. Does anyone have any ideas on how I might be able to proceed, or should I just keep trying to pay them until this thing is paid off?

THANKS! in advance for any advice.

Have a Wonderful Day!

Edited by Oddshot
Wrong spelling
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Hi All,

Do I keep paying on a potentially "illegal" judgement?

This is probably a dumb question, but since I have been recently having troubles making my payments to Suttell and Hammer (they have judgment against me) I started researching options and came across a post here on the forums and it made me wonder if I got scammed and have an option to call it good or even pursue legal action against them for wrongful suit... not like I have the money for that :lol:

The back story is that I owed Citibank around 10k (owe them or S&H around 3k now) I could not pay a few years ago.

At the time I had settled with my other creditors but Citi wouldn't work with me and instead went to Suttle and Hammer (they had a different name then) from Bellevue, Washington to pursue judgment. I was served, and did not contest (I did owe the money), so they got their judgement... that was dumb of me huh?

I should have... now that I know... asked for proof, went to court, made them stick to the law, but it was a challenging time and was easier to not take on another battle.

Now it is another challenging time... I haven't been able to pay them in a couple months. I call and they basically ask when I can and then I try to do that... there are no additional penalties for paying late or interest accruing or anything of that nature... has me wondering if they actually have a legal right to the debt. Seems like they would have some sort of penalty for non-payment if they did... I guess they could try to get into my bank account right?

So, like I said, I am exploring options. Does anyone have any ideas on how I might be able to proceed, or should I just keep trying to pay them until this thing is paid off?

THANKS! in advance for any advice.

Have a Wonderful Day!

Oddshot,

With a judgement against you, I'm not sure there's anything you can do. Others here will know this cold, I'm still learning.

Out of curiosity, how long ago did you default with Citi? Wondering about SOL in your state, re to the original default.

Also you mention that Suttle and Hammer had a *different name* back then. Are you SURE that they're the same entity? Or are they the collections agent for the 'different named' agency, who would most likely be a JDB?

I believe that a judgement would allow them to garnish your wages or attach themselves to you if you have assets. Again, others know more, but this is what I believe I have read here.

Shame you didn't fight this initially, as typically JDB's have trouble proving a chain of custody that would legally allow them to collect a debt. Read the section on this website about Debt Validation, though it's much too late for that in your individual case here.

You may find helpful information in this section of this website:

Is There a Lawyer in the House - Credit and Debt Problems Forums

Good Luck.

-RD

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Thanks RD... yes, I am now finally doing the education I should have done long ago... but I did check before about the SOL and it was within the allowed time frame.

Now, I want to look into if Oregon requires that I should have had a lawyer for the consent judgment... anyone know?

Thanks!

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Thanks RD... yes, I am now finally doing the education I should have done long ago... but I did check before about the SOL and it was within the allowed time frame.

Now, I want to look into if Oregon requires that I should have had a lawyer for the consent judgment... anyone know?

Thanks!

Oddshot,

I believe that if you fail to show up, the court will just simply rule against you and award the Plaintiff damages. It's that easy.

You asked if they could get into your bank accounts. I'm assuming you mean to get money to satisfy the debt you owe. In short - they can attempt to attach any assets, real estate or other monies that you have in an accout to satisfy the debt you owe them. Whether they can collect it is another matter.

Good luck.

-RD

Edited by RockDaddy
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Read your state statutes regarding levy, garnishment, and attachment. In my state, the bankruptcy exemptions also apply to judgments. For instance, my state doesn't allow wage garnishment for debts. Also, it has a $5000 bankruptcy exemption for one vehicle. If the vehicle is worth that amount or less, a sale cannot be forced. That also applies to judgment.

See if your state applies bk exemptions to judgments.

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Oddshot, My situation is similar, as I may be looking at a judgement soon and want to protect what little I have, basically a used computer, an old car and a bank account with student loan financial aid (I am really thinking of a 529 Plan at this point, just to make sure no one else can touch my qualified future tuition money.)

In my state, the wildcard is a 4000 bank account and 1000 for car and certain types of income are exempt from garnishment such as a percentage of wages (around 85%).

I've made very little in recent years, tho I'm lucky to get back into school and have some financial aid money. My income column is dry. YMMV esp. you have some income.

I dunno could you offer a lump sum after a judgement? that is less than the judgement? I hate drawing it out with payment plans, but if you have steady reliable income that may be preferable to lump sum.

I find it deplorable what the courts let these creditors/JDBs do. I think they set up a corporation to receive these garnishments, and all these poor folks that have their bank accounts levied each month or week, it all adds up and these slimeballs keep cranking out lawsuits in the hopes of defaults. They couldnt care less if you are homeless, hungry, with medical problems and/or out of work.

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Hi All,

Do I keep paying on a potentially "illegal" judgement?

This is probably a dumb question, but since I have been recently having troubles making my payments to Suttell and Hammer (they have judgment against me) I started researching options and came across a post here on the forums and it made me wonder if I got scammed and have an option to call it good or even pursue legal action against them for wrongful suit... not like I have the money for that :lol:

The back story is that I owed Citibank around 10k (owe them or S&H around 3k now) I could not pay a few years ago.

At the time I had settled with my other creditors but Citi wouldn't work with me and instead went to Suttle and Hammer (they had a different name then) from Bellevue, Washington to pursue judgment. I was served, and did not contest (I did owe the money), so they got their judgement... that was dumb of me huh?

I should have... now that I know... asked for proof, went to court, made them stick to the law, but it was a challenging time and was easier to not take on another battle.

Now it is another challenging time... I haven't been able to pay them in a couple months. I call and they basically ask when I can and then I try to do that... there are no additional penalties for paying late or interest accruing or anything of that nature... has me wondering if they actually have a legal right to the debt. Seems like they would have some sort of penalty for non-payment if they did... I guess they could try to get into my bank account right?

So, like I said, I am exploring options. Does anyone have any ideas on how I might be able to proceed, or should I just keep trying to pay them until this thing is paid off?

THANKS! in advance for any advice.

Have a Wonderful Day!

Hello Everyone,

Would someone be a saint xangelx & send me a PDF copy of Capital Ones cardholder agreement inclusive of the arbitration clause?

I'm in Oregon, w/mandatory arbitration for amounts under $50,000.00 & they are selecting an arbitrator (a local atty who is a thief). Suttel & Hammer (very sloppy) is the firm out of Washington who is supposedly representing Capital One. I don't want to pay for 1/2 of the manditory arbitration. :smile:

S&H never responded to my timely counter response verified with affidavits, recorded in circuit court. S&H were counting on the manditory arbitration being scheduled. I want to through some sand in their gears by throwing at the opposing parties, the arbitration clause written in the cardholder agreement. :(

Sincerely,

Longfellow

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Oddshot, My situation is similar, as I may be looking at a judgement soon and want to protect what little I have, basically a used computer, an old car and a bank account with student loan financial aid (I am really thinking of a 529 Plan at this point, just to make sure no one else can touch my qualified future tuition money.)

In my state, the wildcard is a 4000 bank account and 1000 for car and certain types of income are exempt from garnishment such as a percentage of wages (around 85%).

I've made very little in recent years, tho I'm lucky to get back into school and have some financial aid money. My income column is dry. YMMV esp. you have some income.

I dunno could you offer a lump sum after a judgement? that is less than the judgement? I hate drawing it out with payment plans, but if you have steady reliable income that may be preferable to lump sum.

I find it deplorable what the courts let these creditors/JDBs do. I think they set up a corporation to receive these garnishments, and all these poor folks that have their bank accounts levied each month or week, it all adds up and these slimeballs keep cranking out lawsuits in the hopes of defaults. They couldnt care less if you are homeless, hungry, with medical problems and/or out of work.

This is not quite right. The exemption for the car is right, but the $4000 you mention is for all assets, not just your bank account. By all assets I mean furniture, clothing, bank accounts, any asset you have except for the car which is an additional $1000.

Check the Bk exemptions for Florida, that is what you are allowed for judgement exemptions. As always, check with an attorney to verify what you read online. You can check Fl exemptions here: LegalConsumer.com :: Free Bankruptcy Forms, Information, Means Test Calculator, 50 State Exemptions, Federal Bankruptcy Law, Bankruptcy News

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