Complaint Review: Midland Funding And Attorneys Hasto And Buchan

This is the same thing that I am confronting today. What did you do to resolve this matter? It is the same exact comapany and Lawyer's. However, they are trying to sue me for $2543.96 plus 6% interest.

While I have not had any dealings with Midland I have had dealings with Aspire. Previous post I have made and has since been resolved completely. My question to everyone on this particular post is about SOL and what changes the SOL.

My understanding is that the SOL ends when you refuse to admit a debt or make payments or arrangements for payments with these Junk Debt Dealers. My daughter recently had such an issue where she was being harrassed by Junk Debt Dealers and she said some things to them she shouldn't have. I went checking the credit laws and found that if you don't admit or agree to a payment plan the SOL can't be started over again. Is that in fact true? Can someone please explain this to me further?

As for the person with this particular problem I say let the attorney resolve it for you. Do not respond to those idiots at Midland as no matter what you say in writing they will twist your words and find a loophole in the wording of any letter you may write to them.

Barbara
Duncan, SC

and your attorney is handling other cases against these bottom feeders, you might want to let Bud Hibbs know. He may be able to provide your attorney with much needed info he might want to reflect your attorney's thoughts on them

Just a thought ....

...Unfortunately, I will have to hire an attorney to handle it. It is going to cost $1000 so I am getting the money together now -- beg, borrow, no stealing. :-)

Apparently Hosto and Buchan are every bit as bad as Bud Hibbs says they are.

WHY ARE THESE TYPES OF LAWSUITS NOT ILLEGAL? Apparently what they do is buy up old debt, RE-AGE it (which I understand is illegal), and then make it their "new" debt. In other words, they reset the clock on SOL even if there has been no new activity for years. It has NOTHING to do with the original creditor. They don't CARE about the original creditor. All they care about is making your life hell and hoping you'll pay them.

Not only will I not, I can't. Paying the attorney will completely tap me out, but it will be worth it to get rid of these people. BAD NEWS - these companies are like cockroaches. There are literally DOZENS of them, buying up old debts and then threatening and/or suing. So even if I dispose of this suit, another one is surely on the way. I have been contacted by NCO, Sherman Companies,LVNV, Terrance McKelvey, West Asset Management, etc. It goes on and on. They are ALL on Bud Hibbs List of Agencies to Avoid (as if I could...) They can even sell the SAME debt over and over to each other! I don't even owe that much to anybody. Apparently they buy these accounts in bulk and then start filing hundreds of lawsuits in counties all over the country, forcing us to fork over thousands to attorneys to defend them or end up with judgements that last forever. It is insanity. I wonder if bankruptcy would blow all of these people out of the water once and for all. I have nothing left to lose.

J,

If you are financially able to hire an attorney, it is best to let them do everything as they do not like getting into something at the middle.

I always give myself at least a 5 day cushion if possible when responding as you never want to be late.

I have dealt with Midland and from what I have seen they don't really want to go to court. They file lots of lawsuits, but usually just hope for the default.

RELAX!

Hi Steve - thanks again. I have a meeting with an attorney on Wednesday, but I really want to do something NOW. If I can't afford what he charges, then I have to start from square one.

Called the county clerk. It is a legit lawsuit, filed on Dec. 29th, and they have not yet received the notice of return. My copy is stamped with the date of service on it. The instructions say I have until 10 a.m. on the next Monday after 20 days after being SERVED, not the date of the filing. There is no court date anywhere.

By my calculations I have until Jan. 29 to answer, but I don't want to wait that long. I'm tempted to send a certified mail tomorrow and then take that to the attorney. But what if that messes up what he wants to do. ? I just don't want to end up paying an attorney thousands of dollars, mainly because I have no money. If I tell him I have no money he probably won't take the case anyway. I do get a free consultation on Wednesday so maybe I can figure out how to proceed from there. The women on the phone asked me if I had had any activity with the original creditor (Aspire Visa) in the past four years. I said I didn't think so, since I don't even remember having an Aspire Visa. But I know for a fact that I have never written a check to Midland Funding. But it looks like they are going to focus on the original debt. She said to bring all my paperwork on Wednesday. They would tell me what they charge after the first consultation.

This is a nightmare. The attorney came with a good recommendation, but I will now have to borrow the money to pay HIM. If I get brave after talking to him, I may try this on my own. Even if I lose, Midland/H&B will never get a penny because I'm broke and judgement proof in Texas up to $30,000, and if you put together everything I own 5 times over, it wouldn't come close to that. I would like to let them know that asap, and maybe they'll give this up.

But I'll give the attorney a try.

J,

At this point, your FIRST priority is a simple response to the summons as required by law. If you fail to respond in a timely manner, they will win by default and get a judgement against you.

This is NOT where you plead your case. You simply deny the claim. Period. Be sure the letter is dated, and has your name and docket/case# on it.

Do this by the method I described in above post.

Keep your issues separate. One thing does not always have something to do with the other, and any information you volunteer can be used against you. Volunteer nothing.

Dear Steve, thank you for your advice. I understand you are not an attorney.

Okay. I went online last night and got copies of my credit report and printed them out. They both show Midland more than once, on accounts I'm not familiar with, and they do indicate they are debt buyers. So I know for sure I'm dealing with junk.

The weird thing is, there's a Jefferson Capital outfit who ALSO have an Aspire Visa account. Could the same debt have been sold to TWO different junkers?

Also, the debt on this account on my report is more than $2,000 more than they are suing me for. ??? It's the same account number, but the amounts are different.

I also checked for payment history. None. Date of last activity. None. Date account originated -- 12/06. I don't think so. Is Elizabeth Neu lying on her affidavit that says she has "books and records" on this debt as an employee of Midland. ??

Anyway, my main concern is getting down to the courthouse tomorrow and finding out if this is actually a real lawsuit. If it is, I'll try to find an attorney. Needless to say, I have no money, and I don't see any attorney taking on a debtor for free.

Is there a resource somewhere that shows sample letters I can write - you said write both to the court AND to the plaintiff's attorney, send certified. Will do. So I'm asking for back up documentation from H&B BEFORE there is any kind of court date? Will they give it to me? What if they don't? Can I demand papers from them documenting the history of this debt, activity, etc. at this stage or do I have to wait for an attorney, assuming I can get one?

From the sound of your suggestions you are saying write the answer now, file it with court and atty, and then wait for their response. What if they don't respond and the deadline passes? Doesn't that mean that I have fulfilled my obligation to respond and it's up to them at that point? I'm just afraid of missing that deadline, since I don't even know what it really is because there are several dates on the document itself. Sorry to be so dense; I'm kind of frazzled at the moment, except to know that I WILL FIGHT.

Thank you again for your help.

J
p.s. Something else weird - I was the victim of fraudulent banking activity on my checking account in November. Somebody got more than $200 out of my account. I didn't report it to the credit bureaus. Is it too late now? The bank verified it as fraudulent activity and refunded my money, then I closed my accounts and started over. What a mess. Should I mention this in my answer to the court/attorney?

Again, in addition to other responses you will see go to budhibbs.com for some critical info on this group ...

Bud Says...

This is a law firm that gives law firms a bad name. They collect debts under the names of Hosto & Buchan, Little Rock, AR and Dallas, TX. They also have a collection agency division under the name of; Collection Service, Inc., located in Little Rock, AR.

My impression of this organization is one of collection pimps who will stoop to the lowest levels of the sleaze bar to effect a paycheck. They are currently collecting accounts for: Entergy, Comcast Cablevision of Arkansas, Little Rock Municipal Water Works, Metropolitan National Bank, Radiology Associates, Conway Gastroenterology, P.A and time barred debt for Empire Recovery on old, VERY old Providian Bank accounts.

You would think that being lawyers gave them some smarts that does not appear to be the case on complaints we receive. Hosto & Buchan, along with Dallas collection lawyer; Margaret A. Shelby Newton, have filed suits on behalf of a bottom-feeder debt buyer that are TIME BARRED by statute. This means they are TOO old to litigate, which leads me to believe that debt collector and lawyer Margaret Newton are deliberately trying to get judgments they are not entitled to. Furthermore, how bad a lawyer do you have to be to sink to the level of litigating for bottom-feeder debt buyers. One can only assume that Margaret Newton, along with Hosto & Buchan may not be able to make it in the REAL world.

If you are contacted by any of this organization or if a lawsuit is filed by Collection Service, Inc, Hosto & Buchan and/or Margaret A. Shelby Newton, of Dallas get in touch with me. I will refer you to REAL lawyers who can defeat these bogus claims and prevent these low life parasites of making money at your expense.

budhibbs.com

J,

First, I am not a lawyer, nor am I offering legal advice. I am simply sharing with you what I have successfully used, and won. Every time.

The first thing you want to do is contact the clerk of court and verify that the lawsuit has or has not actually been filed.

If it has, you want to respond within the time period described on the summons to both the court and the attorney for the plaintiff.

Simply state that you have never done business with Midland Funding and have no obligation to them. Deny the debt. Do not mention Aspire visa, as they are not suing FOR them, and they are out of the picture except for determining SOL.

Send these letters by certified mail, return reciept requested. be sure to put the certified# on the letter itself and keep a copy for your records. This is very important as it proves what you sent.

At this point, sit back and wait until you get a response from the court confirming your response.

If at all possible, you should get an attorney at this point.

Did they attempt collections on this prior to filing the lawsuit? If not you can get it tossed as frivolous. I have done this.

These are JUNK DEBT BUYERS you are dealing with who purchase very old usually uncollectable debts for pennies or less on the dollar. They are entitled to nothing.

The entire burden of proof is on them, not on you. The next step is a Discovery Motion which a court clerk or paralegal can help you file.

In order for them to win, they would have to prove that they are legally entitled to collect on the debt, and be able to show the original signed contract that created the debt, as well as an account history, itemization of charges, and a clean chain of title on ownership of the debt.

The chances are good that they cannot or will not be able to provide this info.

They just hope for you not to respond and then they get the default judgement. That is the game they play.

If you fight them hard, they usually go away. Especially on a TX resident as they know they cannot garnish wages. If you own nothing, they get nothing, so they know the lawsuit is a waste of time and money.

Good luck!

Cut and paste from Bud Hibbs site regarding Hosto/Buchan


"Head Debt Collectors:
Bryan E. Hosto, Lawyer
Charles Buchan, Lawyer
Jerry H. Markham, President, Collect Serve, Inc.

----------------

Bud Says...

This is a law firm that gives law firms a bad name. They collect debts under the names of Hosto & Buchan, Little Rock, AR and Dallas, TX. They also have a collection agency division under the name of; Collection Service, Inc., located in Little Rock, AR.

My impression of this organization is one of collection pimps who will stoop to the lowest levels of the sleaze bar to effect a paycheck. They are currently collecting accounts for: Entergy, Comcast Cablevision of Arkansas, Little Rock Municipal Water Works, Metropolitan National Bank, Radiology Associates, Conway Gastroenterology, P.A and time barred debt for Empire Recovery on old, VERY old Providian Bank accounts.

You would think that being lawyers gave them some smarts that does not appear to be the case on complaints we receive. Hosto & Buchan, along with Dallas collection lawyer; Margaret A. Shelby Newton, have filed suits on behalf of a bottom-feeder debt buyer that are TIME BARRED by statute. This means they are TOO old to litigate, which leads me to believe that debt collector and lawyer Margaret Newton are deliberately trying to get judgments they are not entitled to. Furthermore, how bad a lawyer do you have to be to sink to the level of litigating for bottom-feeder debt buyers. One can only assume that Margaret Newton, along with Hosto & Buchan may not be able to make it in the REAL world.

If you are contacted by any of this organization or if a lawsuit is filed by Collection Service, Inc, Hosto & Buchan and/or Margaret A. Shelby Newton, of Dallas get in touch with me. I will refer you to REAL lawyers who can defeat these bogus claims and prevent these low life parasites of making money at your expense.

budhibbs.com"

Bud is a consumer advocate based out of Ft. Worth Texas and can hook you up someone quick in addition to the excellent personal recommendations which will follow from other posters shortly. go to budhibbs.com

best of luck