Being Sued by Suttell & Hammer for Capital One Debt

[PNW0718]

Hi,

  So my SO was served while I was away for the above stated court case. I went online and searched WA court cases, and I did confirm my name and case number present (although there is no case status listed, just the file date). I do not know what to do, but saw that everyone suggested at least responding to the summons to prevent default judgement. 

I went to a local debt settlement attorney website and used their template to respond to the court/suit, requesting an extension to obtain representation, etc.

After speaking to that same attorney's office, they said Suttell & Hammer can be difficult to beat in court, and they just recommend I settle.

I already sent the response requesting the extension, so now I am wondering the following:

1) How do I know if the court and S&H agreed to my request? I have not heard anything from either party, but sent the letters certified mail--so I know they both received it

2) What should I do now? I cannot believe an attorney just said "settle" lol but he did mention he was busy, so I wonder if I am just not a lucrative enough case for him to take. I see so many threads on here about folks making these DC's work for their money. While I have the time and energy to fight, I also do not want to get myself into a situation where I end up owing the total balance PLUS WHATEVER they deem are attorney's fees. Original debt is like $6k BTW

Any recommendations? I just do not know what to do next and where the case is now.

 

Thanks,

PNW0718

[BV80]

11 hours ago, PNW0718 said:

Hi,

  So my SO was served while I was away for the above stated court case. I went online and searched WA court cases, and I did confirm my name and case number present (although there is no case status listed, just the file date). I do not know what to do, but saw that everyone suggested at least responding to the summons to prevent default judgement. 

I went to a local debt settlement attorney website and used their template to respond to the court/suit, requesting an extension to obtain representation, etc.

After speaking to that same attorney's office, they said Suttell & Hammer can be difficult to beat in court, and they just recommend I settle.

I already sent the response requesting the extension, so now I am wondering the following:

1) How do I know if the court and S&H agreed to my request? I have not heard anything from either party, but sent the letters certified mail--so I know they both received it

2) What should I do now? I cannot believe an attorney just said "settle" lol but he did mention he was busy, so I wonder if I am just not a lucrative enough case for him to take. I see so many threads on here about folks making these DC's work for their money. While I have the time and energy to fight, I also do not want to get myself into a situation where I end up owing the total balance PLUS WHATEVER they deem are attorney's fees. Original debt is like $6k BTW

Any recommendations? I just do not know what to do next and where the case is now.

 

Thanks,

PNW0718

Please copy and answer the questions in the following thread so that we can have more information.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

[BackFromTheDebt]

Requests don’t get you anywhere. 
 

You need to answer the complaint with a denial.  If you don’t do that, you lose automatically.  Forget about a request for an extension to find counsel. It appears you are in your own. 
 

The judge had no part of any settlement negotiations. None.  If you and the attorney come to an agreement, part of the agreement will be the judge either dismissing the case after a payment or entering a stipulated judgement. 
 

Answer first. 
 

Then, contact the attorney to see if they will settle.  There are usually two kinds of settlements. Either you pay a reduced amount all at once or you agree to a payment plan.  
 

They do not have to settle, but they usually will.  You might not like their terms. 
 

There are sometimes ways to beat Cap1.  That depends on a lot of things, and it appears this law firms won’t make any mistakes. 
 

Or, there is another strategy, but only for accounts opened before 2009.  

[PNW0718]

3 hours ago, BV80 said:

What do you mean if they agree to your request?  What request?

Do your court rules require you to file your answer with the court?  If so, did you file it?

Please copy and answer the questions in the following thread so that we can have more information.

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

So the attorney I spoke with for a consultation told me to file a motion requesting an extension to find counsel. He had a template of how to answer the summons with this request and everything. The response did NOT include any admittance or denial of the suit itself. 
 

hope this clarifies

[PNW0718]

Here’s the link to the template of aforementioned request https://wadebtlaw.com/wp-content/uploads/2021/03/Pro-Se-Notice-of-Appearance-Instructions.pdf

[BackFromTheDebt]

There are few attorneys in this forum. 
The only way I know your state is from the link.  
 

In general, if you have spoken to an attorney, we will advise you to listen to the attorney.  The exceptions being if we feel the attorney is steering you in a bad direction. 
 

I know nothing about Washington courts.  
 

All I know is the judge is not involved in settlement negotiations.  Some courts have mediation; most courts do not. 

[PNW0718]

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