Consumer complaint received 2017-08-05
Company: Suttell, Hammer & White, P.S
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you in a state where you do not live or did not sign for the debt

Complaint:
hello I am complaining about the credit card debt collector company Suttell and Hammer attorneys at law, they garnished my wages from my check, with out letting me know or even contacting me. so I become aware when I check my bank account and noticed that I was short on my pay check so I call my employer up that is XXXX XXXX  they informed a creditor card debt collector has garnished my wages from my check. I begin to receive letter from my employer that suttell and hammer are the responsible party, so I contact suttell and hammer, to make a negotiation because I ca n't afford the amount of what they are taken from my paycheck, so how I am supposed to live everything 's food and rent car payment is high as well I got family. I talked to their account manager XXXX XXXX, and another person I forgot her name, but they both began to be surprised, when I told them that I lived in the state of Texas for 7 year already, then they told me that they do n't do any business to any resident in the state of Texas, they thought I lived in Washington state. after that they told me they will relinquish the debt collection and will inform XXXX credit card company ( XXXX XXXX XXXX ) that they can not do collection on me because Texas is not their jurisdiction of operation. At this time after I may contacted with adp wages department of XXXX XXXX XXXX, telling them I made contact with the debt collector that they will send paper work to not take wager from my paycheck. is still a progress the debt collector informed me that it will take 9 day for them to do the paper work to forward it to the adp wage department of XXXX XXXX XXXX. finally I begin to make contact with the XXXX XXXX XXXX XXXX they informed me that I can do a complaint with the FTC.gov as well they told me that the state of Texas has a restricted law on debt collector ability to garnish wages from pay check in relation ship to credit card debt.
here is what the law of Texas informed me " Your home and wages : Some collectors will threaten to take your home or wages to pay for a debt. In Texas, if your residence has been declared a homestead, it can not be taken to pay a debt except for debts taken for the purchase of the home ( ie, a mortgage in default ), for home improvements, for home equity loans or to pay certain taxes. Wages may be garnished only to pay debts related to court-ordered child support, back taxes, and defaulted student loans. Debt collectors can not garnish wages for repayment of consumer debt.
" also I learned the status of limitation for debt collection is 4 year in Texas and in Washington is 6 year, debt incursion was in XX/XX/XXXXand XX/XX/XXXX, so I way pass the status of limitation for both state. What really crooked about the Suttell and Hammer is that they file a sue against me in a state that I do n't live in or ca n't appear in the court and speak for me to defend my self. Further more I did n't get any notification at all. So is a one side relationship that they are always win and no one can object to anythings they said, is very unfair and is not right by common law. I also attached document picture from the Debt collector as well the Document picture from the internet related to the Garnishment law of Texas and status of limitation for debt collectors also a paycheck stub to show the credit card debt collector garnished my wages. Again thank you

Company response to consumer: Closed with explanation