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I have a document fro Suttell and Hammer suing me for money…

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I have a document fro...
I have a document fro Suttell and Hammer suing me for money owed by me to Capital ON. I losy my job ,ast April and I am now collecting SS only. My wife does work. if I don't show for the judgement hearing assuming it is a real one. then what can they do to me. I would guess the could put a lien on my home but is there anything else I need to be concerned about. Since I have less than the allowable equity what should I do? I am 64 years old unlikely to find full time work again.
Thank you.
Submitted: 8 years ago.Category: Consumer Protection Law
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Answered in 3 minutes by:
6/27/2010
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 63,560
Experience: Licensed attorney helping individuals and businesses.
Verified
Hello and thank you for your question. how much is the lawsuit for?
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Customer reply replied 8 years ago
The amount is for $3973.64 plus they are asking me to agree to $600.00 in attorneys fees along with the stipulation of payments and Confession of Judgement.
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
do you dispute the debt?
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Customer reply replied 8 years ago
I dispute the amount with all the extra charges and fees associated as I had a limit of 2600 that I never exceeded in purchases. I just do not have the ability to pay them off. I tried to settle with Capital One many months ago and never could make an arrangement. I just need to know what they can and can't do even with a judgement if they get one. I am not even sure they represent Capital one and I can't find out if they bought the debt that was written off by Cap One. There are many complainst on the internet about Suttell and Hammer Bellevue WA. as predatorty and sometimes illlegal actions.
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
You can try to settle then for a reduced amount. Often this is accomplished since creditors work on commission or else seek to do it in court.
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Customer reply replied 8 years ago
You have not answered my question. What can they do and how can they come after me once they recieve a judgement in court if I am not there.Can they force sale of my home garnish wifes wages or anything else.
A lien on my home perhaps?

What are my risks?
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
They can get a judgment if you dont appear. Then they can pursue bank accounts and put a lien on real estate. Foreclosure not likely unless judgment in excess of $25000 typically.
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Customer reply replied 8 years ago
I am very disappointed in your answer. Very vague..no details. Since I started this process with you I have found information as to protected bank assets of earned wages in this state and also found that they can not attach SS payments. Lien on house yes but 125,000 in equity is protected. Apparently also they can if they choose go after wifes wages with a garnishment even though her name is XXXXX XXXXX the credit card account. What I really want to know is what actions are they likely to take given the somewhat low amount of this debt. You tell me to settle when I told you I can't even afford to make payments. How am I supposed to settle for a lump sum. Your answer is canned and not direct to my issue. I am very dissatisfied with this service and I will not click on accept. I would like a refund of my 15.00 as its about all i have and you didn't earn anything in my view.
If not then I will chalk it up to one more internet scam.
Good day
Consumer Protection Lawyer: Infolawyer, Lawyer replied 8 years ago
I will opt out and let another colleague take over.
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Consumer Protection Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,705
Experience: Attorney experienced in commercial litigation.
Verified
Your previous expert was correct. If you choose to dispute this suit and they obtain a judgment, they can seek to seize property or bank accounts, with the exception that your SS and retirement income is exempt from seizure and any money in your accounts that is from SS or from retirement income is exempt from seizure as well. In preparation for this suit you should make sure you have one account where the only contents of that account are your monies from SS and/or your retirement accounts and have your wife open her own account in her name only and deposit her income into that account. In this way you can minimize anything they could even try to collect from. Next, you should file an answer to the suit and deny all of the amounts and the company has to prove the debt was yours and the exact amount of the debt as well to the court. Once you answer the suit then you can negotiate some settlement with the attorney from the other side as your previous expert stated.


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Law Educator, Esq.
Category: Consumer Protection Law
Satisfied Customers: 126,705
Experience: Attorney experienced in commercial litigation.
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