Has anyone heard of Ozark Capital Corporation????

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.

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.

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?

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?

Sorry for the typos but I am very nervous.

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.

Does Arkansas have a SOL law?

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.

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!

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.

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.

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.

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

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.

they are scumbags, i didn't even know i was being sued lucky me my count dismissed the case and i got a letter from them it blew my mind that this was ever happening behide my back.thank goodness for some smart people in my county counts. :lol:

I just heard that Ozark Capital Corp. has filed a judgement against me and they won by default. I was never served any papers so how did this even get to the point of filing a judgement against me ? Hosto & Buchan also has a part in it. I would like to know what to do myself because I dont even live in the county where I was supposedly sued and haven tlived there in over 3 years

Contact that court and request the method of service then you can file to vacate for improper service.

I woke up to find my checking account garnished. The debt is not mine but belongs to someone with the same name. It went to court in 2003 and I didnt even live in the state where the judgement occured. I hired an attorney and go to court Nov 5th....wish me luck. I tried to resolve this through several phone calls to Hosto & Buchan only to be hung up on, yelled at, or to be told to pay the debt. They weren't even interested in what I had to say since they had my money but I'll be damned if I'm going to let them keep it.

Good luck! During the meantime, why don't you contact the county clerk where the judgement was issued and get a copy of the suit. You may can get the judgement overturned and your bank account unfrozen before NOV 5th.

I have already done that. I found out a man signed for the summons in 2003 claiming to be my son. I also found out I have a merged credit report with this other woman. It has been a very stressful situation. I'm a single mom with 3 kids and they took everything I had.

Just an update....My attorney heard back from Hosto & buchan and they released my bank account. I am still going to court Nov. 5th to get the bank fees and to settle this once and for all. Also, I found out the man who signed for the summons claiming to be my son is 10 years older than I am. He is going to come to court as a witness....I hope they feel like fools when this is all over.

Way to go Zharia!!!

I am a single mother with a 12 year old son and a2 mo old daughter. I have been unrmployed for over a year, live in gouv housing , am trying to get a job to support my kids and to pay to retake my nursing test. Last week I was servrd with court papers from Hosto & Buchan, Ozark Capital. They said it was on a credit card i had from Chase, my limit was 900 the last payment i made after i closed the account was over 400, I have the receipt. that was in 2005. I had not heard a word from anyone since. When I called these people said I owed 3548.99, then 3622, then, 3788, of which they said 400 something was interest. I have the oldchase statement with the 900 liminit onit. I trie to contact Chase, they would give me no information excapt my card no is not the same as the one I'm being sued for. H&B told me they were not giving me any paperwork or any numbers. They told me i was lying about my income and i should get some of my family to pay or I would not be able to buy a house or car for 15 years, and when I get a job they will take everything I make. They say there is no SOL on this. They also want court costs. I have no money for anything, much less a lawyer. I was diagnoised with kidney stones last week and my ex changed jobs so for 30 days he doesn't have to pay child support. I live in Arkansas, My momlives in TX, they are just beginning to recover from Ike. I don't know where to turn. HELP!!!

[quote=Jimmi Turner]They said it was on a credit card i had from Chase, my limit was 900 the last payment i made after i closed the account was over 400, I have the receipt. that was in 2005.[/quote]

Evenin' Jimmi -

Welcome to the community. Let me ask you some questions, if I may. I'll help you as best I can...

That last payment, in 2005. When in 2005? The Statute of Limitations for open accounts [which is what credit cards are] in Arkansas is three years. So you're either approaching the limit, or just about past it. This may explain some of their behavior and threats [besides the fact that they're scum].

[quote=Jimmi Turner]I had not heard a word from anyone since. When I called these people said I owed 3548.99, then 3622, then, 3788, of which they said 400 something was interest.[/quote]

On a $900 account?!? Red flag here, for certain.

[quote=Jimmi Turner]I have the oldchase statement with the 900 liminit onit. I trie to contact Chase, they would give me no information excapt my card no is not the same as the one I'm being sued for.[/quote]

OK, here's a question for ya. Does the account number on the court documents you were served match completely with the account number on your statement from Chase?

[quote=Jimmi Turner]H&B told me they were not giving me any paperwork or any numbers.[/quote]

Under federal law [fdcpa], they have to give you those numbers, as well as proving that you actually owe the debt, and that they have the legal right to collect on it. Among other things.


Each of the four statements above is a violation of FDCPA. Federal law. If you can prove any of them, you have a very good cause for a countersuit.

[quote=Jimmi Turner]They also want court costs.[/quote]

They always want court costs. I'd be very surprised if they don't wind up paying you court costs along with damages for their violations.

[quote=Jimmi Turner]I have no money for anything, much less a lawyer.[/quote]

You have more options than you think here, Jimmi. First, you may very well be able to find a lawyer willing to take this on contingency. If so, he'll get his money out of the bad guys. You might want to look at the list on naca.net to see if there's a member attorney near you. Second, you very probably qualify for legal aid. Go here for a referral and more information about legal aid in Arkansas.

I wish you the very best of success with this. Give me answers to the questions I've asked, and I'll be able to help you along some more. Also, hit those sites and make some phone calls. You'll likely find an attorney willing to help you out. If not, we'll help you as much as we can. You can defend this thing yourself if you have to.

Keep us posted, huh?

Were the court papers from the attorneys real? Contact your county clerks office to make sure.

You really need to protect yourself. I have never heard of these people until about 5pm today when I checked my checking account and everything I had in it was gone because of a garnishment they sent my bank. I still have no idea what it is for. I was never sent any paper work, I was not served anything and I have no idea what it is for.

Melissa - Do not let them frighten you. Discovery means that they need to give you a copy of all the information they have against you. To file look online and you can just get a form to fill out. To file it just ask the clerk at the court house. I think it will cost about $50-75.

Good luck

why dont you guys try paying the debts you owe. its called integrity, try it.[samebox:b9518bba2c="paulmergel"]why don't you go back to the phones.threatening someone who can turn around and sue is called stupidity.don't try it.[/samebox:b9518bba2c]

I agree with boom boom. don't spend money you don't have and you won't have a problem[samebox:094e110bd5="paulmergel"]looks like get a clue doesn't have a clue.[/samebox:094e110bd5]

Its funny the same TROLL posts as guests using different names. Wow he must be taking a break from his Nintendo DS and has nothing else constructive to do :lol:

HELP.
I agreed to settle a debt. I set up automatic payments to pay the debt. The first payment was taken the second was not taken from my bank. I was given a date, confirmation number, and the phone call was documented by my debt settlement company. My bank was then sued and the entire balance was taken from my bank account.

Also, I originally owed $1200.00 and have now paid in excess of $2600.00 for this debt. My bank balance was taken twice. The last time was last week just 2 weeks before Christmas. What an extra blow. It seems what was done to me should be illegal.

I just got a letter in the mail today from Ozark Capital Corp. for a so called debt for $15,055.18 from may of 2008. I have never heard of this company and I dont owe anybody that much money. I just checked my credit report this year and there is no debt whatsoever from this company. Always make sure what debt you have and check it against your credit report every year. 70% of people have the wrong debt on their credit report.If any company cannot validate your debt or show proof of your signature, then the
debt is not yours. I'm calling this place monday and telling them they are full of crap and this is not my debt and I'm not paying them a dime!!!!!!!

Quote:

My in-laws recently had their checking account garnished by this company for a debt they supposedly owe. That don't even know what the debt is for, as they dont have current credits or anything of the like. They have $30 to their name until this matter is resolved. On top of that, the money in that checking account was social security monies, as they are both senior citizens. They never received papers, signed for legal papers telling them they were going to court... nothing! All they knew is that they went to the store Saturday, was declined and learned that they were $2,500 in the hole.. but for what?! I did a check for information on this company and came across this site. Ozark Capital Corporation is nothing but a crook site. My inlaws are going through the court to have the "il"legality of this suit vacated! Least that's what they're hoping to do.

I am hearing from Hosto and Buchan again. They disappeared for about a year and then a few months ago sent me a credit card statement from 2008 which is incorrect because I did not use the card in that year. The last time I used the card was back in 2001 and the statue of limitations has passed! I received a letter from Hosto stating they want to see me in court on January 10th. What do I do??!! I am in a hardship. I am only on commission and it was cut in half.

well the only time a court date is set is when you respond to a summons served.check with your court clerk of your county,village,or bourough to see if there is in fact that court date.if not send these idiots a leeter stating that this debt is "time barred" and any further communication will result in legal action by you.if there is this court date you use the fact the debt is time barred as your defense.

Thank you. I apologize for just responding. My father passed away on the 22nd of December and my attention was focused on that. I , however, forgot about the 10th! What do I do??? Do I show up to court?? Do I call the court or send a letter back to Hosto and the court stating this debt is time barred? I live in Texas.

well it's more than likely too late to send anything,but did you check with your court clerk to see if there is a court date for the 10th?if there is then use that as your defense.the case should be thrown out.if there is no court date then send the letter stating it is time barred and you are not paying it.make sure you have a court date for the 10th first.

I just called and there is a court date for the 10th but I asked if it can be rescheduled because my father just passed away. I was transferred to another department but the clerk was not at her desk so i left a message for her to call me back. I have Hosto and Buchan's fax number. I want to send them a letter to dispute the debt as well as send a fax to the judge . I initially sent them a validation letter last year requesting proof I owed the debt and I heard they were suppose to respond within 30 days but instead I heard from them 7 months later! They sent me a fabricated statement from 2005 stating that I made a payment and was not in contact with them at that time. Do you think it would be okay to fax them this letter?

Do you think it would be advisable to fax Hosto and tell them this is a time barred debt and they should have responded with documents within 30 days of receiving my validation letter? They sent me some fabricated documents 6 months after I sent them the validation letter. Aren't they suppose to send the required information within 30 days or destroy any record of my accounts???

I sent them a fax asking them why they waited so long to send me any documented proof when I sent them a validation letter back in April. I did not hear from them until October and they sent me just one statement but it was clearly fabricated! I did not get in contact with Citi in 2005 but regardless, the statue of limitations has passed on the debt since the SOL for Texas is 4 years. I told them that they were required to destroy any records and to refrain from adding any deragoratory remarks to my credit report or they will hear from my attorney since I can legally sue them for each violation committed. Will this help out at all? I am sure it just made them upset but I know I am not the only one.

They are scum bags, We are in the same boat as most of you. Received a letter with a blown out amount with no record of account #. Less than 2 weeks later we received a summons to appear. I am sending a Verification letter tomorrow but the court date is next Wed. I was told to Answer the summons before the court date and tell the judge that we are waiting for verification to see if this is even our account. The Summons states plaintiff as Ozark Capital Corporation Assignee of Chase Bank USA, N.A.
Am I going in the right direction? Is there anything I am missing?
Any help is appreciated.
Thanks

I just received a writ of garnishment for these people. I don't know what this supposed debt is and it has an original judgement date of 2002! This is not a debt listed on my credit report either. Where do you turn?