George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: Sued for a debt by Suttell and Hammer Services? This guide is for you. Use SoloSuit to respond in 15 minutes.
If you were sued by Suttell and Hammer for an alleged delinquent debt, it is important not to give up hope. You also need to make sure you do not simply accept the allegations in Suttell and Hammer's Complaint as fact. You have legal rights and protections when subjected to a collections lawsuit and there are in fact affirmative defenses that can be raised to prevail against the debt collector in court.
Who is Suttell and Hammer and Why are They Suing Me?
If you are served with a lawsuit by a representative from Suttell and Hammer, you might be asking yourself, “Who is Suttell and Hammer?” Well, they are a law firm focused primarily on representing large financial institutions. For example, Suttell and Hammer has handled collection actions on behalf of large banks like Discover and Bank of America.
Suttell and Hammer will get involved when a borrower is unable to pay back a credit card, an auto loan, a mortgage, etc. At that point, the bank will retain the services of Suttell and Hammer who will in turn file a collections lawsuit against the borrower.
Multiple Complaints Filed Against Suttell and Hammer
Suttell and Hammer does not have a sterling reputation when it comes to collecting on delinquent debts. Multiple consumers have filed complaints against the law firm with the Better Business Bureau. In addition to the BBB, consumers have filed complaints against Suttell and Hammer with the Consumer Financial Protection Bureau (CFPB).
Be Proactive and Respond to the Collections Lawsuit
If you were sued by Suttell and Hammer, you may be feeling overwhelmed at the prospect of going to court and litigating against a big law firm. Do not fret. If you are proactive and take some simple steps to respond to the collections lawsuit, there is a good chance you could wind up negotiating an out-of-court settlement or actually prevailing in court. SoloSuit is here to help guide you through the process.
If you get served with a Summons and Complaint, it is critically important to not only respond to the lawsuit, but to file your response with your court in a timely manner.
Responding to the Complaint sets you apart from the majority of consumers who are sued by a debt collection company. This is because one of the most common mistakes made by consumers sued by a debt collection company is failing to actually respond to the Summons and Complaint. Whether you actually owe the debt or believe you are being sued by mistake, filing a response (i.e. an “Answer”) allows you to highlight some of the major deficiencies in the Complaint.
Failing to Respond to the Complaint Typically Means a Default Judgment Against You
One of the key reasons why filing an Answer to the Complaint is so important is because failing to do so could enable Suttell and Hammer to obtain a default judgment against you. If the Court enters a default judgement against you, the situation will only get worse. Why? Because a default judgment means that Suttell and Hammer will be empowered to take the following actions:
Garnish your wages;
Take money from your bank account;
Seize your personal property; and
Collect attorney's fees and court costs.
Make Suttell and Hammer Prove that They Filed the Lawsuit Within the Statute of Limitations
Many debt collectors,including Suttell and Hammer, assume that most consumers will not actually respond to their lawsuit. As a result, many debt collectors operate a volume practice where they file hundreds, or even thousands, of debt collection lawsuits. Given the significant number of lawsuits that are filed, there are many instances when the debt collection company neglects to take the time to confirm whether they can legally sue you for the debt. Bear in mind that if the applicable statute of limitations expired, the debt collector is barred from suing you on the debt. In most states, a debt collector only has a finite amount of time to sue you for an alleged delinquent debt.
If it turns out that the statute of limitations expired, you can raise it as an affirmative defense that could enable you to file a motion to dismiss the lawsuit entirely.
To learn more about how to effectively file a counterclaim, use the tools and resources available through SoloSuit.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit. Here is what to expect when you use SoloSuit. First, you will utilize our step-by-step web-app. This app will ask you a series of questions. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Takeaways for What To Do When Sued by Suttell and Hammer
Here is what you need to do if you receive a debt collection notice or debt collection lawsuit from Suttell and Hammer:
If you do not recognize or have no idea why you are being pursued for the outstanding debt, be sure to file a formal dispute with the three major credit bureaus (i.e. Transunion, Equifax, and Experian).
Take note of any phone calls made before 8:00 A.M. or after 9:00 P.M, any phone calls made to your place of work, and any use of vulgar or inappropriate language.
Make sure to file your Answer to the Summons and Complaint in a timely manner.
In your Answer, make sure to raise affirmative defenses like the statute of limitations and demanding that the debt collection company provide proof of the specific amount owed.
Consider filing a counterclaim for any violations committed by Suttell and Hammer of the Fair Debt Collection Practices Act.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.
Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.
Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.
Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.
We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.