HOSTO & BUCHAN

Does anyone know if these guys are real attorneys? How can I find out if they are registered and licensed to practice in Texas, Arkansas, and Tennessee? I've been hearing some horrible stories about them. Some say they have received summons by them but they don't show up to court. I received a citation from them requesting an answer from me. They are filing a law suit against me saying that I have an outstanding debt with Citibank and thye claim the account is not out of statue of limitations. They claim my last activity was on May 12, 2005 which is false but I have no way to prove it. Someone help me!

THIS ONE IS FOR CHARLES JAMES BUCHAN
State Bar Card Number*: 24038377
Texas Licensed*: 01/31/2003

Firm: Hosto & Buchan PLLC
Firm Size: 6 to 10
Occupation: Private Law Practice
Primary Practice Areas: Creditor-Debtor

Go to texasbar.com scroll down and you can find a lawyer that way in the search box. from the looks of it, Hosto might be his paralegal.

Melissa I would suggest checking with your state bar association first to see if they are licensed to practice law in your state. You can request validating documents (use the validation letter template via my signature for a checklist of items to request) if they cannot prove that the SOL has not expired then that would be your grounds to request dismissal with prejudice.

Also, please keep in mind that validating documents should be from the original creditor.

I have a judgement on my CR from these guys. I've never received a notice of this. Saw it on my CR, says it was filed/reported in May 2007.

I would like to send a validation letter to them, what should it say?

thanks.

I hate to say it but Hosto & Buchan is a leagal firm. Their lawyers are licensed to cover Tenn, Texas, and Arkansas. As for Validating Documents, the debt has been purchased from the original creditors and H&B has all personal information to get a judgement and put leans on property or garnish wages and some people don't know this but they can even garnish bank accounts. This means if they get a judgement on you and they guess what bank you use, they can take everything you have out to pay the debt. Have seen it done several times.

Melissa, what state are you in and did they actually file a suit against you? Have you checked your county courthouse to see? If they in fact have, then you need to answer the summons and show up to court. Motion for discovery for all the documentation, it is up to them to prove this activity, not yours.

If they have not, then belt out a DV immediately...if you happen to be in Texas then you are in luck and can really have them by the shorthairs.

Seeing the Light: I am not sure what you can do about this judgement now since it is around a year old. Contact the courthouse and see if you can find out how you were served and you can try to get it vacated due to improper service. I am just not sure how much you can actually do at this point.

Hosto & Buchan is a law firm, if only because there are individuals working there that have earned their law degree. If you live in Texas, good, the courts are prone to be debtor-friendly. Arkansas or Tennessee, not sure. If this firm files suit against you or simply sends you a demand letter, first ensure they provide you with account documents from the original creditor. Many times, they cannot due to their clients not having them. Why? Because, Bank of America sells your debt to ABC Company, ABC sells it to XYZ, XYZ sells it to Hosto & Buchan. This type of transfer of debt doesn't fly well with Texas judges, other states are different, but the burden of proof is on the collector and most times they don't have all the necessary documents or cannot get them quickly enough for court.

H&B is after me too on a Citibank credit card debt that I could not pay. They somehow got my husband's cell phone number and were calling him, and he is not on this account. They continually called me at work and would harrass the receptionist, until I told them I was not allowed these phone calls at work. Then they started calling with a recorded message for me to call a certain number. I would get the recording several times a day on my work phone. Then I got a summons in December, so I hired an attorney to file the answer. The last phone call I had they offered to settle for 35%, which I didn't have, and they weren't interested in monthly payments either. I was able to save up some money and my attorney has contacted them and offered them 25%. They told him I must have misunderstood, they wanted the entire amount. I have it on tape where the offered me the 35% settlement. So now I am just waiting to see what they decide. They are barracudas and are relentless. My question is: Can they garnish my wages once they have a judgment? I am in Arkansas.

These people are harrasing me as well, they are demaning twice as much as the original debt, plus they wither want one lump sum payment, or monthly payments so high, I cannot agree to their terms, fearing I would have to default in 2 months. Hopefully their are lawyers out their who will want to fight these people. Unfortunately, I tied NACA, but all seem to busy to bother with me.

Folks, send them a verification of debt letter and then send them a 1099A (IRS FORM) after two weeks send them a paid in full letter and then send the IRS a 1099-OID form. After that, send in a 1040 form and the debt is paid in full. Plus the IRS will send you back the amount of the debt. This is checks and balances folks and you should know these things in this bankrupt country.
It is really that easy. If you have a mortgage or other credit cards, fill out the forms and take $100.00 off of the return amount. You can get reimbursed for all of your yearly expenses this way. Welcome to a non-cash society.
They sent me back a little over half a million, and a friend of mine several millions. Have FUN!

Community: I don't know what this poster is smoking, but this will not work. It will get you sued in short order, though. - Uncle Wulf

How do you go about filling these out to get the debt paid in full and to get reimbursed for the yearly expenses?

Hosto just garnished my bank account after LYING and saying I was served with papers to appear in court. I was never served by James Smiley. I got papers Tuesday saying they had a judgement and I had 20 days to respond in writing. A day later my bank acct is frozen and a hold put on it for $6,000. Every penny I own is in the bank, all my bills will not get paid, my monthly salary was just deposited. I am having a baby in 3 weeks and will go without pay for 6 weeks maternity leave. Again, I was never served or had a chance to fight this account! Hosto has a NASTY reputation! They need put out of business!

I agree with the posts about finding out about the firm, but it sounds like they are a real firm.

Remember the Fair Debt Collection Practices Act! It is an "unfair practice" to file suit on a debt beyond the statute of limitations, so not only will making the claim (and proving it) be a defense to their suit, it is also grounds for a claim against them. You will need to conduct some discovery. You might check my site for some help in that regard. Sorry for the self-reference, but I don't know where else you might get help on discovery.

H&B has filed a judgment against me for a citibank debt. I haven't received anything from them since December 2008, which I provided an answer within 20 days as they requested. What happens next? What can they do to me? Freeze my bank account? Garnish my wages?