How to Beat Hosto Buchan in Court

Melissa Lyken

May 07, 2021

Make the right defense and win in court.

Summary: Are you being sued by Hosto Buchan for an old debt? Learn why they're suing you and how to win 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 then 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 defend yourself in court.

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 it has satellite offices in Tennessee, Arkansas, Kentucky, and Indiana. The firm focuses on commercial and retail debt collections in these states.

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 with the Hosto Buchan lawyers directly 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 that explains 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:

  1. Raise applicable defenses
  2. File a motion

Don't ignore a debt collection lawsuit. File a response with SoloSuit.

Raise Applicable Defenses to Win Your Case

Argue 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, has the burden of proving the case by presenting evidence. However, if you admit to essential allegations set in their complaint, they will not have to do so. Sometimes the debt collection law firm may not have the necessary documents to prove that you owe the debt. This information can be lost in the process of 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.

Make the right affirmative defenses with SoloSuit.

Consider Filing for Bankruptcy

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

Use SoloSuit to respond to debt collection lawsuits in 15 minutes and have your case dismissed.

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.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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