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How to Beat Suttell and Hammer in Court

George Simons | December 06, 2023

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

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.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

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.

SoloSuit makes it simple to respond the right way.

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.

SoloSuit helps you make the right defense the right way.

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

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

If you need assistance on how to best respond to a debt collection lawsuit, consider utilizing SoloSuit. What is SoloSuit? Take a moment to review these FAQs to learn more.

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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.

Best of Luck!

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