Hannah Locklear | December 12, 2022

“I can’t wait for Capital Management Services to call me about my debt again!” — said no one ever.

You are viewing: Who Does Capital Link Management Collect For

When Capital Management Services starts calling, it could be that they think you owe a debt. There’s a chance you might actually owe, but before you send over any money, you should do some investigating to understand your options. You can request a debt validation before taking any action and fight back in court if you’ve been sued by CMS.

If you are experiencing any harassment from Capital Management Services, you are likely feeling anxious, stressed out, and unsure about what to do next. These feelings are perfectly understandable since many debt collectors often try to intimidate people and pressure them into agreeing to pay the amount allegedly owed. If you have found yourself in this situation, do not give up hope.

You have legal rights and protections when it comes to dealing with debt collectors. Keep reading to learn how to beat Capital management Services, especially if they decide to file a debt collection lawsuit against you.

What is Capital Management Services?

Capital Management Services (CMS) is a debt collection agency operating out of New York. The agency was founded in 2000 and currently has more than 100 employees. Capital Management Services appears to engage in debt collection activities for an array of businesses and industries. For example, the company’s website does not identify any specific types of businesses or economic sectors for whom they provide debt collection services.

Below is Capital Management Services’ contact information:

Capital Management Services 698 ½ S. Ogden Street Buffalo, NY 14206 [email protected] 716-871-9050

Multiple Consumer Complaints Filed Against Capital Management Services

If you feel like you’ve been treated unfairly by Capital Management Services, you’re not alone.

Numerous complaints have been filed by consumers against Capital Management Services alleging serious violations of the Fair Debt Collection Practices Act (FDCPA).

As of 2022, the Better Business Bureau has received almost 20 complaints against Capital Management Services in the last three years. Even worse, the Consumer Financial Protection Bureau has reported nearly 450 complaints against CMS over the last ten years.

In these complaints, there are many claims that Capital Management Services failed to provide written verification of debts when requested by a consumer and multiple attempts by Capital Management Services debt collectors to try and recover debts from people who did not actually owe any money or have any delinquent accounts.

Below is an example of a real complaint against Capital Management Services from its BBB profile (edited for clarity):

“I have received multiple calls from Capital Management Services stating that I owe them money for a debt by a loan company I do not have a loan with. Each time it has been a different amount, and each time I ask them to send hard copy proof to my address to prove the debt. They say, “We have sent plenty, and this is it. You better pay, or we will sue.” They are extremely rude and do not even act like civilized people on the phone. They even called my dad saying he would be sued if I didn’t pay as well. This company has done nothing but harass me, and I want it to stop.”

This example, along with many other complaints against CMS, show just how far the collection agency is willing to go to recover a debt—even violating the FDCPA. As such, it’s important to know your rights when dealing with Capital Management Services so you can better protect yourself.

Harassing Debt Collection Tactics are Against the Law

If a debt collector with Capital Management Services becomes overly aggressive and is harassing you, please understand you have legal rights and statutory protections under the Fair Debt Collection Practices Act (FDCPA).

The FDCPA is a federal law intended to regulate the manner and tactics of debt collectors when attempting to recover a debt from a consumer. According to the FDCPA, you have the following rights and protections:

• Debt collectors cannot call you before 8 a.m. or after 9 p.m.
• Debt collectors cannot contact you at your place of employment. If they contact you while at work, you have the right to request an immediate cessation of such communications. If they continue to contact you at work, then you should retain records of those phone calls and use them as evidence in a civil action against Capital Management Services alleging violations of the FDCPA. You may be able to obtain compensatory damages.
• Capital Management Services is prohibited from discussing your debt with third parties. They should only engage in communications with you, or your attorney. For example, Capital Management Services is restricted from contacting your supervisor at work to inform them about your debt and the collection efforts of Capital Management Services.
• Debt collectors affiliated with Capital Management Services are legally prohibited from threatening you with jail time or misrepresenting information for the purposes of recovering the amount allegedly owed.

If Capital Management Services has used any of these tactics while trying to collect a debt from you, report them to the CFPB, FTC, and your state’s attorney general’s office.

Send a Debt Validation Letter to Capital Management Services when they first contact you

If you are contacted by a debt collector affiliated with Capital Management Services, do not agree, or accept ownership of, the account they claim is delinquent. Why? Because, as mentioned above, there are instances where Capital Management Services has pursued debts from people who actually did not owe a dime.

You possess the legal right to request Capital Management Services prove you actually owe the debt. To submit a formal debt validation request, send a Debt Validation Letter to CMS. Make sure to submit this request in writing via certified mail. Do not rely on a phone conversation with the debt collector who reached out to you.

Why should the request be in writing? Because if Capital Management Services fails to respond to the Debt Validation Letter, you may have grounds to file a claim against the debt collection agency for violating the FDCPA.

It is not uncommon for some debt collectors to simply give up, or at the very least calibrate their communications, after receiving a Debt Validation Letter from a consumer. You can draft one with SoloSuit in minutes.

Check out this video to learn more about how a Debt Validation Letter can help you:

Respond to a debt lawsuit against Capital Management Services

In the unfortunate event that Capital Management Services decides to file a debt collection lawsuit against you, do not give up hope or raise the flag of defeat. You still have options.

In fact, if you are proactive and take specific steps, you can beat Capital Management Services in court. If Capital Management Services escalates matters to litigation, they will need to serve you with a debt collection Summons and Complaint.

Do not make the mistake of ignoring the Summons and Complaint. Why? Because failing to file a formal Answer will most like lead the judge assigned to your case to enter a default judgment against you. At that point, Capital Management Services will have the legal right to collect the debt through different processes, such as garnishing your wages and seizing your property.

In order to avoid default judgment, you should respond to the Summons and Complaint by filing a written Answer. Follow these three steps to respond to a Capital Management Services debt lawsuit:

1. Respond to each claim listed in the Complaint. While the Summons documents notifies you of the lawsuit, the Complaint lists all the specific claims against you. The first section of your Answer document should focus on responding to each claim by admitting, denying, or denying due to lack of knowledge. Most attorneys recommend denying as many claims as possible in order to force CMS to prove what they’re alleging is true.
2. Assert your affirmative defenses. The next section of your Answer is where you get to tell your side of the story. An affirmative defense is any legal reason you should not lose the case. For example, the statute of limitations is a common affirmative defense to raise in a debt collection lawsuit.
3. File the Answer with the court, and send a copy to Capital Management Services. After you’ve drafted your Answer, be sure to file it before your state’s deadline to avoid a default judgment. You should also send a copy to the attorney representing CMS. Send all documents via USPS certified mail with a return receipt requested.

SoloSuit can help you draft and file an Answer in minutes.

Now, let’s look at an example.

Check out this video to learn more about these three steps:

The bottom line

Most debt collection companies, including Capital Management Services, will try to prey on your uncertainties and pressure you into agreeing to pay the amount allegedly owed. Do not feel intimidated. You have rights under the FDCPA and can request a cessation of harassing communications and request a validation of the debt from the debt collection agency. If the matter goes to court, you should be proactive and respond or seek assistance by using the resources made available by SoloSuit, particularly if you are not sure where to start.

What is SoloSuit?

SoloSuit makes it easy to fight debt collectors.

You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.

SoloSuit’s Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we’ll have an attorney review your document and we’ll file it for you.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

How to answer a summons for debt collection in your state

Here’s a list of guides for other states.

All 50 states.

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Guides on how to beat every debt collector

Being sued by a different debt collector? Were making guides on how to beat each one.

• Absolute Resolutions Investments LLC
• Accredited Collection Services
• Alliance One
• Amcol Clmbia
• American Recovery Service
• Asset Acceptance LLC
• Asset Recovery Solutions
• Associated Credit Services
• Autovest LLC
• Cach LLC
• Cavalry SPV I LLC
• Cerastes LLC
• Colinfobur
• Covington Credit
• Crown Asset Management
• CTC Debt Collector
• Cypress Financial Recoveries
• Delanor Kemper & Associates
• Eagle Loan of Ohio
• Educap
• Estate Information Services
• FIA Card Services
• Forster & Garbus
• Freshview Solutions
• Fulton Friedman & Gullace LLP
• Harvest Credit Management
• Howard Lee Schiff
• Hudson & Keyse LLC
• Integras Capital Recovery LLC
• Javitch Block
• Jefferson Capital Systems LLC
• LVNV Funding
• Mannbracken
• Mariner Finance
• Medicredit
• Michael J Adams PC
• Michael J Scott
• Midland Funding LLC
• Mullooly, Jeffrey, Rooney & Flynn
• Mountain Land Collections
• MRS Associates
• National Collegiate Trust
• Nationstar Foreclosure
• Northstar Capital Acquisition
• NCEP LLC
• NRC Collection Agency
• OneMain Financial
• Palisades Collection LLC
• Pallida LLC
• Paragon Revenue Group
• Pinnacle Collections Agency
• PMAB LLC
• Portfolio Recovery Associates
• Provest Law
• PYOD LLC
• Reunion Student Loan Finance Corporation
• Revenue Group
• Regents and Associates
• RSIEH
• Salander Enterprises LLC
• Second Round Sub LLC
• Security Credit Services
• Sherman Financial Group
• Suttell and Hammer
• T-Mobile
• Transworld Systems
• Tulsa Teachers Credit Union
• UCB Collection
• Velo Law Office
• Velocity Investments
• Waypoint Resource Group
• Weinberg and Associates
• Wolpoff & Abramson

Win against credit card companies

Is your credit card company suing you? Learn how you can beat each one.

• Bank of America
• Capital One
• Chase
• Credit One Bank
• PayPal Synchrony Card
• SYNCB/PPEXTR
• Synchrony Bank
• Target National Bank
• Wells Fargo

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get answers to these FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

Read more : Who Gets What When And How Is A Definition Of

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendants Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouses Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Do I Need a Debt Negotiator?

What Happens After a Motion for Default Is Filed?

Can a Process Server Leave a Summons Taped to My Door?

Learn More With These Additional Resources:

Read more : Who Is Holly Solem Father

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter – The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

Youre Drowning in Debt — Heres How to Swim

Help! Im Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws – What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Heres What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa

How to File a Civil Answer in Kings County Supreme Court

Roseland Associates Debt Consolidation Review

How to Stop a Garnishment

Debt Eraser Review

Do Debt Collectors Ever Give Up?

Can They Garnish Your Wages for Credit Card Debt?

How Often Do Credit Card Companies Sue for Non-Payment?

How Long Does a Judgement Last?

​​How Long Before a Creditor Can Garnish Wages?

How to Beat a Bill Collector in Court

Source: https://t-tees.com
Category: WHO