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Has anyone heard of Ozark Capital Corporation????

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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!

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.

Sub: #1 posted on Mon, 04/14/2008 - 19:18

Scott McKay Scott McKay

(Posts: 108 | Credits: )

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.

Sub: #2 posted on Mon, 04/14/2008 - 19:28

goldenbast goldenbast
Moderators Cum Industry Expert
(Posts: 2885 | Credits: )

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?

Sub: #3 posted on Mon, 04/14/2008 - 21:14


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?

Sub: #4 posted on Mon, 04/14/2008 - 21:19


Sorry for the typos but I am very nervous.

Sub: #5 posted on Mon, 04/14/2008 - 21:20


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.

Sub: #6 posted on Tue, 04/15/2008 - 05:07

(Posts: 2934 | Credits: )

Does Arkansas have a SOL law?

Sub: #7 posted on Fri, 04/18/2008 - 09:14


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.

Sub: #8 posted on Fri, 04/18/2008 - 09:37

unclewulf unclewulf
(Posts: 3172 | Credits: )

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!

Sub: #9 posted on Fri, 04/18/2008 - 20:00


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.

Sub: #10 posted on Fri, 04/18/2008 - 20:03


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