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Melisa2379 · Posted: Mon Apr 14, 2008 6:41 pm

Hi my name is Melissa and I live in Texas. I am being sued by Ozark Capital Corporation who has purchased my an old debt from Citibank. I opened this account when I was an undergraduate back in 1998 or so. The account stayed overdue because they wouldn't work with me and accept y payment arrangement. The account is so old that it is not even on my credit report anymore. I received the documents today by the legal processor. If you are not familiar with them I will give you a bit of history. I found out that they are a fraudulent company who purchases old accounts for pennies on the dollar and they basically try to screw anyone whose account happens to be in the package sold to them. Well, this attorney who works with other supposedly "attorneys" fabricate papers to appear like the real thing or they appear in court but they are 80% of the time unprepared. They are considered scumbags. The plaintif's name is Melvin Thathiah who claim he is an attorney and works with HOSTO & BUCHAN, P.L.L.C. but he is really some insurance agent according to Bud Hibbs and works hard to collect the old debt to get money. He even wants me to pay all of the court costs!! I am not paying one cent. In fact, Citifinancial Services is not on my credit report and I have heard that when the accounts are old they should fall off the report which has happened for this specific account. Does anyone have any idea about what to do here? I have 10 days to respond and I was advised to file for a motion of discovery but how do I do that. Also, I am just plain scared and I don't have the means to pay since I am a full-time graduate student. I would appreciate any response. Thank you!

Posted: Mon Apr 14, 2008 7:18 pm

Here's what I found out about them. I noticed on their main website that they were using the BBB online realability seal so I went to the BBB only to find out that they have nothing to do with the BBB. Actually the BBB contacted them about a year ago requesting they "cease and desist" the use of its seal and they haven't heard anything back from them... imagine that. I don't believe that I would listen to any threat they make about taking legal actions considering they are illegally advertising their site with certifications they don't even have! I would definately bring this point up to them if they ever call you.

Posted: Mon Apr 14, 2008 7:28 pm

Texas has a 4 year SOL so you have nothing to worry about. You answer the summons and use the fact that it is out of SOL. It will be dismissed.

Melissa2379 · Posted: Mon Apr 14, 2008 9:14 pm

Wow! Really? Should I file a complaint with them as well as with the Federal Trade Commission? I guess I am wondering if I need an attorney for this or should I go this alone? I don't have any money to pay for an attorney. I am in grad school and you know how that can be expensive! I don't even know what steps I should be taking? I mean doesn't the state provide you an attorney if you can't afford it? How do I arrange that? Also, I heard that they are infringing on my rights as a consumer. Should I sue?

Melissa2379 · Posted: Mon Apr 14, 2008 9:19 pm

Thank you goldenblast. That makes me feel better, but do you I need an attorney for this? Do I need to go to court andnot do anything or should I be filing for something? I don't know what to do. I think it is too late to file for a debt for verification but can't I file for a motion for discovery? How would I do that and is it expensive?

Melissa2379 · Posted: Mon Apr 14, 2008 9:20 pm

Sorry for the typos but I am very nervous.

Posted: Tue Apr 15, 2008 5:07 am

Goldenbast is correct Melissa. Be sure to let the judge know that the Statute of Limitations has passed on this account and that it is a time barred debt. Then simply request for dismissal with prejudice.

RZRBK · Posted: Fri Apr 18, 2008 9:14 am

Does Arkansas have a SOL law?

Posted: Fri Apr 18, 2008 9:37 am

SOL in Arkansas is three years on open accounts [like credit cards] and oral agreements, five years on written contracts, and six years on promissory notes.

Melissa2379 · Posted: Fri Apr 18, 2008 8:00 pm

If the company is saying I reported to them in 2005 which I know is false, can I use my credit report as a defense? My crdeit report does not even show Citibank anymore because it is an old account, yet they claim that there was activity on 2005. If that were true, wouldn't Citibank be on the credit report demonstrating that it is still open, delinquent, and last reported activity in 2005?? I printed all three of my reports and Citi is not on any of them!

Melissa2379 · Posted: Fri Apr 18, 2008 8:03 pm

Oh also, I sent my certified letter today requesting validation for the debt they are claiming I owe. All collection activity and lawsuit pending should come to a halt during this process right? What happens if they cannot validate the debt? I requested validation of their registration and license to collect, the amount I owe, the original credit application, all of my statements,and so forth.

Posted: Sat Apr 19, 2008 6:03 am

If they have already filed suit, it will not stop that. If they have yet to file suit then they cannot legally do so until they have provided validation of the debt. If they do file suit you already have them on 1-3 FCRA violations at least just for re-aging the account. You are correct about the DOLA, once the original creditor's reporting period expires all associated collection trade lines must be removed as well.

Posted: Sat Apr 19, 2008 7:15 am

If you got the summons it should list a bunch of numbered statements. You just write out your own, answering each statement. Like for example, the first statement could be something like:

1. Ozark capital is in whatever city, whatever state.
answer: Agree

2. Melissa so and so resides at whatever address.
answer: agree

3. Melissa owes Ozark such and such money
answer: disagree

You basically agree, disagree or answer something along the lines of:
Without sufficient knowledge to agree or disagree.

Some people like to answer:
Disagree due to not having sufficient information.

Basically you want to either disagree or do the ‘without information’ line on anything that even suggests you owe money.

Then you write up a statement basically saying that you believe this account is past SOL.

Now keep in mind I have never been sued, but this is what I often hear how to handle these suits.

SH · Posted: Sat May 10, 2008 6:22 pm

Melvin Thathiah is a credit's right attorney and financial institutions hire the company to collect funds.

Guest · Posted: Sat May 10, 2008 7:38 pm

Hosto, Buchan, Prater & Lawrence, P.L.L.C. A/K/A/ Ozark Capital Corporation (Bottom-Feeders)

Locations:

* Main Office Arkansas: P.O. Box, 3397, Little Rock, AR 72203
* Texas Office: 400 North St. Paul Str., Ste. 1200 Dallas,TX 75201
* Tennessee Office: 4525 Harding Rd., Ste 218, Nashville,TN 37205.

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