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Unique situation...


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I've been reading through the stickys and other posts. Thanks to everyone for all of the posts! I have learned a lot since discovering this site! This is my first post.

Here's my situation:

1. Who is suing you?

Capital Financial Credit Limited Liability Corp

Hosto Buchan is the lawyer listed

2. For how much?

4000+

3. Who is the original creditor?

unknown

4. How do you know you are being sued?

They called me and said that if I did not pay, I would have to appear in court because they had already filed

5. How were you served? Were you served?

I picked it up. I called the courts to find out if it had been issued.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

1 previous phone call before my most recent one during the first of the month

7. Where do you live?

TN

8. When is the last time you paid on this account?

never paid

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

just opened

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

not on CR

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

well i requested it in Jan. during my first conversation with them on the phone. then after reading these forums, sent an actual certified letter a couple of weeks ago

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

no response, no claims, no questionaire

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

affadavit from capital financial credit llc, supposed to be notarized, but no stamp and no commission expired date. just a scrawled unreadable signature under where it says sworn before me, a notary public

14. What is the SOL on the debt? To find out:

the only date i have is the date on the affidavit which is 2008

My question:

I thought they were Cap1 in Jan, so I thought I owed them and told them so.

Just recently before sending the DV letters, I called Cap1 and asked them if they sent any account to Hosto and they stated that they had not. I sent the DV, pulled my CR and found that there is nothing on there for Capital Financial Credit, LLC or Hosto and the only TL's that come close to 4000 are showing in goodstanding, paid, closed, never late.

How do I proceed in this type of situation?

There is nothing on my summons that says I need to file an answer and I asked the officer at the sheriffs dept and no complaint or questionairre attached. The only 2 items attached was the affidavit and a half sheet of paper on the top saying "call our offices to arrange to pay the debt and avoid appearing in court" from Hosto.

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