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Suttell & hammer: Scum of the earth!


DanF
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Hello all. I am new to this forum and I wish I could say I am glad to be here but I'm here because of Suttell & Hammer, formerly known as "Suttell & Associates".

Physical address:

10900 NE 8th st

Suite 605

Bellevue, WA 98004

They are located in the Union Square Bank building.

Anyways, I learned a very valuable lesson yesterday. My personal accounts, both individual and joint with my wife were emptied of every last dollar and cent. I called the bank and I was directed to call Suttell & Hammer. I spoke to these scum bags to find out they had moved forward with garnishment on a "default judgment" awarded to them on October 2008. Long story short, I had two Capital One cards with interest rate of 6.5%. I paid both monthly and on time. I have my own business and things had become tight. I was late sending payments one month and Capital One raised my interest rates to 27.5% and 33.2%. I called to find out what the hell was going on and was told they were within the contract to raise the interest if I was late. I told them I would not pay until the interest was reduced.

The accounts were referred to a collection agency and I had agreed to a 12 month program. They told me as long as I paid on time and every month for a year, the interest rate would be reduced back to 6.5%. At the completion of the 12 months I was contacted to start another 12 month plan. i asked if the interest was reduced and they told me "we are not in a position to adjust it at this time but will review after the next 12 months". i basically told the woman to F off! She said they would have to move forward with legal action if I was refusing to pay. I told her I was more than happy to pay what I borrowed plus 6.5% and nothing more.

I received a summons from Suttell & hammer. Responded to them by phone, email and UPS overnight letter. But I had not filed my response with the court as I did not know I had to at the time. They did not reply to me and the next notice I received was for a "Default Judgment" hearing "without oral argument". It arrived at the last allowed day within the constraints of the law. I responded, filed in court, emailed, called, mailed and personally delivered my rebuttal to Suttell & Hammer. I went to court in Kent, WA and represented myself. I met with this young 30 something attorney, Melissa, who was dressed like she was hitting the bars after court. She proposed I agree to pay the balance plus interest and they would waive the court fees. I told her no and she wished me luck before the judge. We entered the courtroom, had the hearing and the judge denied the "Order for default Judgment".

Next thing I know they are seeking an "Order for summary judgment". Again I responded, filed, delivered, etc. I went to the hearing and a much older attorney, 50 something, was there. I guess poor Melissa didn't like having her a$$ handed to her by someone who has never practiced law. :)

The judge asked me what I felt was fair. I explained I felt it was fair to pay the remaining balance I borrowed plus 6.5%. She agreed and granted a "partial summary judgment". Though I did have to the court fees it was much less than the 33.2% would have been. I stayed to discuss terms with the attorney and I agreed to pay monthly payments of $100.00 by the 15th every month until the balance is paid. i have been doing so since last February.

Fast forward to yesterday. Last November one of the attorneys, Nick Filer called me to set up payments for my account. I explained I was already making $100.00 payments each month. he said, "no, your other account". I asked what he was talking about and he said they had a "default judgment" from 2008 with a balance of almost $8,000.00. I explained I never had a card with a balance that high and he said more than $4,000.00 was interest, penalties and legal fees. I told him I was not going to pay or set-up any plan until I could review the information. He said he would send everything they had and call to work out a payment schedule. In December I received a copy of the "Default judgment" and nothing else. Never got another call.

They had started a separate lawsuit for this card by serving my 11 year old son (at the time) in August of 2008. He either never received it (as he was described as being "16 years old" or he forgot to give it to me.

Long story longer, Suttell & Hammer has had this "Default judgment" since October 2008. Using the account number on the check I send them every month for the other card, they filed for a "Order of garnishment" on December 22. 2011. Just a couple days after they sent me the copy of "Default judgment". My wife and i now have no money for our rent this month, food, gas or even to pay the $100.00 to Suttell & Hammer. This alone is such a slimy thing to do because the order is written allowing them to increase the interest rate to 12% if I do not pay by the 15th. In essence, they used one "default Judgment" to support raising my interest rate of the "Partial summary judgment" in 2011.

At this point my wife and I have closed all our personal accounts and any money coming in will be kept in cash form. Suttell & Hammer and their associates are complete scum! They are liars, thieves and whores. The ironic thing of it all, William Suttell, founder, is a personal friend of my wifes family.

I have filed a "Motion to Stop Garnishment" and I will be filing an order to return all funds garnished because of "Hardship". Wish me luck.

The life lesson is: don't use credit cards, save your money and pay in cash. Only deposit enough money into an account to cover a transaction requiring the use of a card or a check issued. Do not keep any assets in your own name if possible. If you have a business, make sure it's an LLC. This is the only thing which stopped them from emptying my business account.

Edited by DanF
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So you never received notice that they were going to garnish the bank account? I just received that notice and I'm freaking out. I don't know how to do any of this legal stuff and don't know where to even begin to get them to stop. The original debt was only about $1200, but it's now listed at over $4000!!! There is no way I can survive (with a new baby girl, 3-month old) without my income. I don't know what to do!!

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Jane,

I replied to you in another thread too. I received notice of the garnishment the day after my accounts were emptied. This happened two days ago. They did have a default judgment and got an order to garnish my accounts. I would run to the bank now and, if your funds are still available, withdraw everything before they do... Then go talk to the Clerk at the court and find out what is going on.

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  • 2 months later...

We'd been fighting with Suttell & Hammer for over a year now.

They play dirty and barely within the law. They served us papers that said we were being sued in Snohomish Co. Court -- however, there were no stamps, seals or anything! We consulted an attorney and he gave us the bad news... S&H are real bastards, they play dirty and expect most people to roll over and not respond. Typically 90% fail to respond and they get a summary judgement -- according to our atty.

So we ask them to prove the validity and they take almost a year. Robosigned in MN, of course and they sent the CC statements.

Somehow, a Court appearance was snuck in. We were never notified of an actual date and the atty didn't find it on the docket. That was back in Late January 2012.

On May 5, 2012, we received a Certified Letter w/ Return Receipt Requested - that was a Saturday. In it, there's a Writ of 1st Response and since I'm unemplyed and have been, ALL of my funds were from Unemployment. According to the WA OG site, I have 10 or 14 days to respond before they can garnish. But on Wednesday, May 9th, over $2700 had been cleaned out of my bank account!

My atty said to file the Writ of Response ASAP and we'd get the monies returned but we are also filing Chapter 7 because being Unemployed is a good move and the Creditors are now filing against people because they know they'll get it.

Suttell & Hammer are as crooked as can be and I think we'll be filing a counter-suit against them. Even in Small Claims, they have to show up!

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Actually, in reviewing some of the paperwork, we were actually served in February 2011. 15 months of dragging us through hell and 2 different attorneys (#1 retired).

Off to the post office to send a response via CMRR! Wish me luck!

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