George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary:
Are you being sued by Hosto Buchan for an old debt? Learn why they're suing you and how to
address your case with the right defense.
When a debtor defaults on a debt payment, the original creditor may attempt to collect it using various methods. If
they don't receive a response, the creditor can submit the claim to a debt collector. The debt collector becomes the
new owner and has the same rights as the original creditor to pursue debt collection.
If the third-party collector still can't collect the debt, it is forwarded to a debt collection firm like the Hosto
Buchan law firm. The debtor is alerted to this arrangement via a letter that demands payment and notifies them that
the creditor has engaged the law firm to collect the debt. Debtors have 30 days to dispute the debt. If Hosto Buchan
is suing you, keep reading for information on how you can address the matter in court.
Settle debt with Hosto Buchan
You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.
Hosto Buchan is a debt collection law firm that files collection lawsuits against consumers. The company has
represented creditors for more than 20 years. Its main office is in Little Rock, AR, and satellite offices in
Tennessee, Arkansas, Kentucky, and Indiana. The firm focuses on commercial and retail debt collections in these
states.
Here’s the Hosto Buchan phone number and other contact information:
Phone: 888-352-3980
Address: 701 W 7th St, Little Rock, AR 72201
Who does Hosto Buchan Collect for?
Hosto Buchan represents a variety of industries and creditors in their debt recovery efforts. These may include:
Banks and Financial Institutions
Healthcare Providers
Utility Companies
Retail Businesses
Telecommunication Companies
Commercial Enterprises
If Hosto Buchan contacts you, you need to find out who they represent and confirm the debt details before
proceeding. Ignoring their attempts because you haven't dealt with them directly will not help your debt situation.
Read Hosto Buchan reviews online.
When researching Hosto Buchan online, you’ll likely come across various reviews reflecting people's experiences with
the firm. Since debt collection is often a sensitive and stressful process, it’s common for feedback to range from
positive to negative.
Consider checking multiple platforms for a well-rounded perspective if you plan to look at reviews. Here are a few
places where you can find reviews:
While reviews can be helpful, your experience may be different. Keeping communication respectful and proactive can
make the process smoother. Here’s what Bella Rosa had to
say:
“I finally paid off a debt with them. This was my first time with collections. I was really scared when an
officer handed me court papers to go to court. I went. Hosto formed a payment plan with me that I was able
to
afford on a monthly basis. Whenever I had a question or needed help, they were always nice and helpful.”
Take action after you are served to avoid a default judgment
Once you have been served with a notice of involvement, you have two options: communicate directly with the Hosto
Buchan lawyers or hire a lawyer. Many debtors prefer to enlist a debt settlement attorney's help as they are
well-versed in these matters. If this is the case, the debt collection law firm will receive a notice of involvement
explaining that the lawyer is acting on behalf of the debtor.
If Hosto Buchan lawyers communicate with debtors after this, the communication is deemed inappropriate. Before
filing a lawsuit, the debt settlement attorney will meet with the debt collection firm to discuss a settlement. If
unsuccessful, the firm will move to file a lawsuit.
The debtor has a limited time to respond to the legal complaint. If the debtor doesn't respond promptly, Hosto
Buchan can seek a default judgment against the debtor that allows the creditor to garnish their wages, apply lien to properties, or various other
methods to collect the debt. The debtor or their lawyer can respond in either of these two ways:
When responding to a debt collection lawsuit, presenting the right legal defenses can significantly impact the
outcome of your case. These defenses allow you to challenge the validity of the claims brought against you. The
following are examples you can use:
Bring up the statute of limitations
Debts can take a long time to be transferred from the original creditor to the Hosto Buchan debt collection firm. If
the debt goes uncollected for a period of time that exceeds the statute of limitations, the debtor may get the case
dismissed. It is important to note that this time period resets if you undertake a specific action, including paying
the debt or asking for more time to do so.
Countersue
When debtors are sued, they have a right to present legal claims against the debt collection law firm if it has not
complied with standard debt collection practices. The Fair Debt
Collection Practices Act (FDCPA) outlines the guidelines for collecting a debt. If a firm violates the FDCPA
provisions, it is liable for the debtor's attorney's fees, statutory damages, court costs, and other damages.
Request Proof That You Own the Debt
The plaintiff, Hosto Buchan law firm, must prove the case by presenting evidence. However, if you admit to essential
allegations in their complaint, they will not have to do so. Sometimes, the debt collection law firm may not have
the necessary documents to prove you owe the debt. This information can be lost when transferring debt to third
parties. If the debt collection firm can't provide the correct documents as crucial evidence, you can file a motion
for dismissal.
Challenge Hosto Buchan's Right to Sue You
The debt settlement lawyer can also contest the creditor's standing in the lawsuit. This may be the case if the debt
has changed hands many times, and the original creditor is hardly the plaintiff suing you. Challenging the
creditor's right to sue allows the debtor to take an offensive position that requires the creditor to prove their
right to collect.
For example, Hosto Buchan's lawyers should provide evidence that proves the debt was transferred to the firm. If
they can't, the debt settlement lawyer can challenge the standing successfully.
Once a debtor files for bankruptcy, the court issues an automatic stay prohibiting creditors and debt collection law
firms from continuing or initiating debt-collection lawsuits. This means Hosto Buchan cannot proceed with the case
while the stay is in effect unless they receive permission from the bankruptcy court.
Notify the court of improper service
This defense applies if the debtor or debtor's lawyer:
Never received the Summons and the Complaint
Received them but was served incorrectly
Some state laws outline how a debtor should be served. New York law, for example, requires the plaintiff to
undertake personal service or substitute service. Substitute service requires the process server to leave a copy of
the Summons at home with a relative, roommate, or another responsible party. Personal service, on the other hand,
occurs when the process server delivers the Summons in person to the debtor.
If the process server is unsuccessful at least three times, they can use conspicuous service like attaching the
letter to your door and mailing another copy to your address. If Hosto Buchan's process server doesn't follow either
of these procedures, the debtor's lawyer can challenge the case based on improper service. Other examples that are
deemed incorrect service include:
Sending the Summons by mail only
Leaving the Summons with a neighbor living in a different apartment
Throwing the Summons in the lobby of an apartment building
Sending the Summons to a different address, including your previous residence
The case may be dismissed if you can prove the server's improper service. However, you need to raise this defense
during your first appearance in court or Answer:
Obtain an affidavit of service from the court. The document is a sworn statement describing the improper
service. The debt collection law firm uses this document to claim you were served correctly.
Schedule and attend a traverse hearing. During the hearing, the judge listens to both sides to determine if you
were served correctly. If the judge rules in your favor, the case will be dismissed.
Gather evidence to present at the traverse hearing. The evidence should include documents or witnesses to
support your claim of incorrect service.
Even if the judge dismisses the case for improper service, Hosto Buchan's debt collection law firm can sue again. As
such, a debtor should decide if it's worth scheduling a traverse hearing based on the facts of your case and the
strength of your defenses.
You can use one or more defenses to argue your case against Hosto Buchan's debt collection lawyers. If possible,
enlisting the help of a debt settlement lawyer will help to strengthen your case. We understand that doing so is not
always feasible, so we encourage you to take advantage of our services.
Settle your debt with Hosto Buchan
Knowing the settlement process ensures everything is handled correctly and minimizes any potential risks. Here’s how
to start:
Start by reviewing your finances to figure out what you can reasonably pay toward the debt.
Contact Hosto Buchan to propose a settlement amount that you can afford. It’s smart to offer slightly less than
your maximum to leave room for negotiation. This allows for flexibility if the first offer is not accepted.
Once you agree on a settlement amount, draft a debt settlement agreement. This document should clearly outline
the terms and be signed by you and Hosto Buchan to formalize the arrangement.
After the agreement is in place, ensure you pay the agreed amount on time.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
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You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.