At the NACBA convention we received word that the Arkansas Supreme Court had ruled in our favor that EVERY summons issued by a debt collection mill law firm, Hosto and Buchan, from 2003 to 2011 was defective, in that it did not tell the defendants how much time they had to answer, and thus the trial courts never obtained personal jurisdiction over the defendants because no PROPER summons was ever issued, which is required in Arkansas for a case to be commenced. This ruling potentially set aside hundreds of thousands of default judgments against our BK clients, and those not ever in BK.
Shortly after the NACBA convention concluded Hosto’s mal-practice carrier asked for a rehearing. Today the Arkansas SC DENIED rehearing, so this case is concluded except for a potential Cet petition, and most here agree there is no federal question for Cert to apply.
So, potentially hundreds of thousands of Arkansas citizens will have DJs set aside, and garnished funds returned—-and I’m not sure what to do about these faulty DJs being on their credit reports all these years.
Kathy Cruz Hot Springs Arkansas