HOSTO & BUCHAN

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?

was looking for Hosto and Buchan's phone number on web for phone number because used to work for them and happen to see your post.

Yes, they are licensed in all three states and attorneys in all three states. They are a collection law firm with offices in Little Rock, Dallas, and forgot where in Tennessee. The main office in Little Rock has all the call center collectors.

But i would not ignore if served by them any more than local firm that would get served by.

H&B filed a judgement against me for bank of america. I provide an answer within 20 days as they requested. About a month ago i recieved a call from H&B they would not call me any more. I recieved a call today after a 1 month they they were going to proceed and sue me in texas. I was involved in an internet scam by a company in New York who debit my account with another customer account. TGhe company was shut down down. I found the company on monster.com , which gave the scamming company A+ rating. Bank of America sold the debtg to H&B.after freezing my account.

hosto and buchan is a scam!! report them to the BBB ASAP!!! DONT IGNORE THERE LETTER IF THEY SUE YOU GO TO COURT SHOW UP AND FIGHT THEM THE WORST THING U COULD DO IS NOT! I USE TO BE AN ATTORNEY FOR THEM! AND I HATE THEM THEY SCREWED ME OVER SO BAD!!! I WORK FOR A MORE AND BETTER LAW FIRM NOW!! IF I WERE YOU I WOULD FIGHT THESE GUYS AND PUT THEM OUT OF BUISNESS I HAVE SEEN THEM GARNISH SO MANY BANKS AND GOT PEOPLE OUT ON THE STREETS AND THEY DONT EVEN CARE!!! THEY JUST WANT YOUR MONEY AND THEY WILL TELL YOU ITS ALL YOUR FAULT!! FIGHT THESE GUYS PUT THEM OUT OF BUISNESS!! THERE STRUGLING RIGHT NOW JUST TO PAY THERE EMPLOYEES!!! HIT THEM WHERE IT HURTS AND PUT THEM OUT OF BUISNESS!!! I CAN WAIT TO SEE THESE GUYS OUT OF BUISNESS!!

Quote:

If in Arkansas, not sure about Tennessee, Hosto and Buchan CAN and DO garnish wages; the FDCPA, is an act put into law to make sure creditors work fairly. If you dispute the charges or anything about the summons that has been served upon you, all you need to do is say you dispute the debt or demand verification and Hosto and Buchan have at least 30days to provide you with such docs.

[QUOTE=Anonymous;499576]If in Arkansas, not sure about Tennessee, Hosto and Buchan CAN and DO garnish wages; the FDCPA, is an act put into law to make sure creditors work fairly. If you dispute the charges or anything about the summons that has been served upon you, all you need to do is say you dispute the debt or demand verification and Hosto and Buchan have at least 30days to provide you with such docs.[/QUOTE]

This is wrong. At the first contact (phone call or dunning letter) from H&B or any collector, you need to send them a demand for validation of the debt. You need to send it certified mail, return receipt requested, in order to prove that they got it.

If the first thing you receive is a summons, you will need to answer their complaint and show up in court. But you will need to file a motion for discovery, asking for validation of the debt, before your court date. Just showing up and disputing the debt in court, with no documents or proof, is a losing proposition.

They are doing the same thing to me, a couch that I paid on for over 2 years, that only cost $2400, now they are saying 5 years later I owe them $2989. They have not send myself or my ex husband any paperwork in years. They are extremely hard to deal with. I'd rather hire & lawyer & sue them for the lies of the things they have mailed us (which we've requested copies of & have not received) than pay them.

Contact the consumer protection division of the attorney generals office and ask them for help. Or contact an attorney. They will get a judgment against you and garnish your wages. These people are ruthless

I was sue by hosto and pratt I answer the summons and ask them to validate the debt. The call me two days before the validate debt was to expire and try to make a deal to keep it from going to court. Then they sold my debt to another collectors these people are rip off they have office in Little Rock Arkansas. First ask them to validate the debt, don't forget to record all calls. I'm in the proccess of suing them myself. Don't send them a payment before validating the debt. Here is a sample letter to help you
Attempt to Validate Debt.

Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.

Your Name
123 Your Street Address
Your City, ST 01234

ABC Collections
123 NotOnYourLife Ave
Chicago, IL

Date:

Re: Acct # XXXX-XXXX-XXXX-XXXX

To Whom It May Concern:

This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:


???What the money you say I owe is for;
???Explain and show me how you calculated what you say I owe;
???Provide me with copies of any papers that show I agreed to pay what you say I owe;
???Provide a verification or copy of any judgment if applicable;
???Identify the original creditor;
???Prove the Statute of Limitations has not expired on this account
???Show me that you are licensed to collect in my state
???Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau???s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

???Violation of the Fair Credit Reporting Act
???Violation of the Fair Debt Collection Practices Act
???Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

Best Regards,

Your Signature
Your Name

Yes, they are real. They have taken me to court on a very old debt and I was hit with the max amount. I suggest getting in touch with them prior to it going to court to set up a payment arrangement. If you do go to court, you will then have to pay the court costs on top of their fees. If you make arrangements before going to court, you will save money in the long run. They will work with you on payments.

H&B garnished my wages and have been receiving payments monthly for $241.06 for over 4 years. It was for around $16,000.00, I called today and they said I still owe $12508.63. I don't understand how I could still owe so much. Anyone have any advise?

since you worked for them do you know another attorney that will fight them?

I had a garnishment over a judgment from these people representing Wells Fargo. the original amount was 6000. I paid 8000 after it was all said and done. With the last amount about to come out of my check, they sent a letter saying they didn't have the account anymore. I contacted them and they said they were done with it. I thought maybe I had mis calculated. I get a call two months later from Wells Fargo saying i owe 2000 for late charges on my payments. I wonder who is running hell if these people are here in arkansas!

Man I wished I had seen this information a month ago. I have a court date for Hosto and Buchan on December 13, 2012. If I had seem this first I would have not sent them any money. I'm trying to do the right thing and pay my debt and now I see that I could have gone another route. I still got some good information that may or may not help..but I will know from now on......