Chloe Meltzer | January 10, 2024
If you have received a letter in the mail regarding debt collections, your first thought might be to throw the letter out. This is the wrong thing to do. Instead, you should educate yourself and understand what to do in the case of being sued by a third-party debt collector.
Who Is Capital Collections LLC?
Capital Collections LLC is a third-party debt collection agency that specializes in the collection of commercial, housing, retail, healthcare, government, transportation, and even agricultural debts. Capital Collections LLC works out of Fresno, California.
If you have a large amount of debt and end up falling behind in payments, then you might be contacted by this agency. This is because they have most likely purchased your debt from the original creditor, and are coming after you to pursue you for the debt. In some cases, Capital Collections has been known to practice unfair or deceptive practices, and in these cases, you do have protection.
The Federal Trade Commission enacted an act called the Fair Debt Collection Practices Act. Known as the FDCPA, it was created to prevent harassment of debtors by debt collectors. This act allows consumers to take legal action against an agency if they feel their rights have been violated.
Don’t let debt collectors take what’s yours. File a response with SoloSuit.
What to Do If Capital Collections LLC Is Trying to Collect a Debt from You
If you have been contacted by Capital Collections then you need to know your rights. You should know that you have the right to request this agency stop contacting you about your debt. This is called cease and desist and can be done in the form of a written request. Once Capital Collections LLC receives your request to cease contact regarding the debt, they must stop contacting you. If they continue to harass you or call you then you may be able to build a claim under the FDCPA. This can award you up to $1,000, plus additional damages.
Understand the Timeline for Debt Collection
If you’re being sued by a debt collector then you should know what to expect. The timeline that you will personally go through may vary, but generally, it will go according to the following.
- Receive a letter in the mail: This will be the summons notifying you of the debt. This will occur when the debt is 180 days past due.
- Wait for the debt validation letter: Within five days of the original contact, you will receive a debt validation letter. If they do not, you can use this in your counter case. This letter should contain the name of the creditor and how to dispute the debt if you believe it’s not yours.
- Ask for a verification letter: This must be sent within 30 days of the validation notice.
- If you owe the debt: You can respond to the debt collector and create a plan to pay off the debt. This might mean setting up a payment plan or negotiating the debt. Your verification letter must include:
- Who the creditor is
- If the debt has been paid
- Why the amount is accurate
- If you want to fight the debt: If you do not respond, then you may be given a default judgment. This is why you must respond to the debt collection notice.
- Court: You will be given a court date and if you fail to show up for this, then you will be given a default judgment.
- Default judgment: You want to avoid a default judgment, but if this occurs then Capital Collections may be able to garnish your wages, place a lien on your property, or take funds directly from your account.
Read more : Why Is It Called A Terrible Towel
Use SoloSuit to respond to a debt collection lawsuit in 15 minutes.
What Steps to Take When Being Sued for Debt by Capital Collections
Respond to the Lawsuit
Whether or not you owe the debt, you will need to respond. This means if you believe that you owe the debt you should respond, but you should especially respond if you do not owe the debt. This might be stressful but it is incredibly important because otherwise, you open up the avenue of default judgment. Debt collectors are going to pursue a lawsuit whether or not you respond, so it is essential to do so. If you do not respond, you will not have the opportunity to challenge the lawsuit later on.
Challenge the Lawsuit
Because Capital Collections is a third-party debt collector, the debt has most likely changed hands multiple times. This means that you can use a few different methods of challenging the lawsuit:
- The debt is not yours: It is very common to have papers served to the wrong person. This is a perfect challenge to a lawsuit even in the case of being served with papers that belong to a family member.
- You previously satisfied the debt: In some cases, you may have already paid a debt. You cannot be sued for a debt you have already paid.
- The debt amount is incorrect: It’s possible that even if you owe the debt, the amount might be wrong.
- The statute of limitations has passed: The statute of limitations is the amount of time that a debt collector can collect a debt from you. It ranges from three to 20 years but is generally around six years. The length of time depends on the state you are being sued in.
Choose the right affirmative defense with SoloSuit.
Identify Violations of the FDCPA
Under the FDCPA if your rights have been violated, you may be able to bring a countersuit against Capital Collections. These violations may include:
- Calling consumers before 8 am and after 9 pm.
- Engaging in harassment.
- Threatening to take property without the legal right to do so.
- Contacting family or friends regarding your debt.
- Make fraudulent claims or misrepresenting themselves.
In some cases, you might choose to fight a debt lawsuit, but other times you might choose to settle with the debt collector. This will vary based on how much you owe, what your overall financial situation is, and how close you are to the statute of limitations.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
Read more : Why Do I Have Fidelity Government Cash Reserves
>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance
How to Answer a Summons for debt collection in all 50 states
Here’s a list of guides on how to respond to a debt collection lawsuit in each state:
The Ultimate 50 State Guide
- 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; Vermont (Small Claims court)
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Guides on how to resolve debt with every debt collector
Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.
- 11 Charter Communications
- AAA Collections
- Aargon Agency Inc
- Absolute Resolutions Investments LLC
- ACEI Collections
- Account Services
- Accredited Collection Services
- Accredited Collection Services
- Advanced Recovery Systems
- AES NCT
- AFNI Collections
- Alco Capital Group LLC
- Aldous and Associates
- Alliance Collections
- Alliance One
- Alliant Capital Management
- Alpha Recovery Corp
- Alltran Financial
- Alltran Health
- Alorica Inc.
- Amcol Clmbia in Court
- American Coradius International
- American Profit Recovery
- American Recovery Service
- Americollect
- AmSher Collection Services
- Apelles LLC
- AR Resources
- ARC Collections
- ARM Solutions
- Arrow Financial Services
- ARS National Services
- ARSC Debt Collectors
- ARS National Services
- ARstrat
- AscensionPoint Recovery Services
- Asset Acceptance LLC
- Asset Recovery Solutions
- Associated Credit Services
- Atlantic Credit and Finance
- Atradius Collections
- Automated Collection Services, Inc.
- Autovest LLC
- Avante USA
- Avantus
- AWA Collections
- Balekian Hayes
- Bay Area Receivables
- BCA Financial Services
- BC Services
- Benuck and Rainey
- Berlin-Wheeler
- Bluebonnet Financial LLC
- Bonneville Collections
- Bull City Financial
- Bureaus Investment Group
- Cach LLC
- Caine and Weiner
- Capio Partners
- Capital Accounts
- Capital Collections
- Capital Management Services
- CardWorks
- Carmel Financial/New Coast Direct
- Cavalry SPV I LLC
- CBCInnovis
- CBCS Collections
- CBE Group
- CBV Collections
- CCB Credit Services
- CCS Collections
- CCS Offices
- Central Mediation Services
- Central Portfolio Control
- Cerastes LLC
- Choice Recovery
- Choice Recovery Inc
- CKS Financial
- CKMS Financial
- Client Services
- CMRE Financial Services
- COAF
- Coast Professional
- Comenity Bank Debt Collection
- Commonwealth Financial
- ConServe Debt Collection
- Consumer Collection Management
- Contract Callers Inc
- Convergent Healthcare Recoveries
- Convergent Outsourcing
- Couch Conville & Blitt
- Covington Credit
- CRDT First
- Credco in Court
- Credence Resource Management
- Credit Bureau Systems
- Credit Control Corporation
- Credit Management Company
- Credit Management LP
- Credit Systems
- Credit Systems
- CSIEZPay
- CTC Debt Collector
- CVCS Debt Collection
- Cypress Financial Recoveries
- D&A Services
- Daniels, Norelli, Cecere & Tavel P.C.
- DCM Services
- Debt Recovery Solutions
- Delanor Kemper & Associates
- Department Stores National Bank
- Direct Recovery Associates
- Discover Collections
- Diversified Adjustment
- Diversified Consultants
- Diversified Recovery Bureau
- DNF Associates, LLC
- Dodeka LLC
- DRS Credit
- Dynamic Collectors
- Eagle Loan
- Eagle Accounts Group, Inc.
- Eastern Account System
- EduCap
- Ellington and Associates Collections
- Encore Capital Group
- Enerson Law
- Enerson Law LLC
- Enhanced Recovery Company
- EOS CCA
- ERC Collections
- ERSolutions
- Estate Information Services
- Equable Ascent Financial
- Everest Business Funding
- Executive Credit Management
- Faber and Brand
- Factual Data
- Falls Collection Service
- FBCS
- FCO Collections and Outsourcing
- FIA Card Services
- fin rec svc (Financial Recovery Services)
- First Federal Credit Credit Control
- First Financial Bank
- First Portfolio Ventures LLC
- First Progress
- FirstPoint Collection Resources
- Firstsource Advantage
- FMA Alliance
- FNB Omaha
- Forster & Garbus
- Franklin Collection Services
- Freedom Plus
- Freshview Solutions
- Frontline Asset
- Frost Arnett
- Fulton Friedman & Gullace LLP
- Galaxy International Purchasing, LLC
- GC Debt Collection
- GC Services
- General Revenue Corporation
- GLA Collections
- Glass Mountain Capital
- Glasser and Glasser
- Global Credit Collection Corp
- Global Trust Management
- GMAC Financing
- Golden 1 Credit Union
- Grant and Weber
- Grant Mercantile Agency
- Gulf Coast Collection Bureau
- Gurstel
- Halsted Financial Services
- Harris and Harris
- Harvard Collection
- Harvest Credit Management
- Helvey and Associates
- Hollis Cobb
- Holloway Moxley
- Hosto Buchan
- Howard Lee Schiff
- H&R Accounts
- HRRG
- Hudson & Keyse LLC?
- Hunter Warfield
- IC System
- Impact Receivables Management
- Innovative Recovery
- Integras Capital Recovery LLC
- Javitch Block
- JHPDE Finance 1 LLC
- JP Receivables Management Partners
- JPMCB card
- Kenneth Eisen and Associates
- KeyBank student loans
- Kinum
- Kirschenbaum, Phillips & Levy P.C.
- KLS Financial Services
- Kramer & Frank
- Lakeside Collection
- Lending Club
- Lincoln and Morgan Kabbage
- Linebarger Goggan Blair & Sampson LLP
- Lockhart Collection Agency
- LJ Ross Associates
- LTD Collections
- Malcolm S. Gerald and Associates
- Malen & Associates
- Mandarich Law Group
- Mannbracken
- Marcam Associates
- MARS Inc. Collections
- MBA Law
- MCA Management Company
- McCarthy, Burgess & Wolff
- Meade & Associates
- Medicredit
- Mercantile Adjustment Bureau
- Merchants Credit Association
- MGM Collections
- Michael J Adams PC
- Midland Funding LLC
- Mid-South Adjustment
- Monarch Recovery
- Monterey Financial
- Moss Law Firm
- Mountain Land Collections
- MRS Associates
- MRS BPO
- MSW Capital LLC
- Mullooly, Jeffrey, Rooney & Flynn
- Nathan and Nathan PC
- National Collegiate Trust
- National Credit Adjusters
- National Credit Care
- National Credit Systems
- National Enterprise Systems
- National Recovery Agency
- National Recovery Solutions
- Nationstar
- Nationwide Credit
- Nationwide Recovery Services
- Nationwide Recovery Systems
- NCEP LLC
- NCO Financial Systems Incorporated
- North American Recovery
- Northland Group
- Northstar Capital Acquisition
- Northstar Location Services
- NPAS
- NRC Collection Agency
- Oliver Adjustment Company
- Oliphant Financial, LLC
- Oportun
- P&B Capital Group
- PCB Collections Agency
- Palisades Collection LLC
- Pallida LLC
- Paragon Contracting Services
- Paragon Revenue Group
- Payday Loan Debt Collectors
- Pendrick Capital Partners
- Penn Credit
- Perdue Brandon
- Persolve LLC
- Phillips & Cohen Associates
- Phoenix Financial Services
- Pioneer Credit Recovery
- PMAB LLC
- PRA Group, Inc.
- Pressler, Felt & Warshaw LLP
- Prestige Services, Inc.
- Prince Parker and Associates
- ProCollect
- Professional Finance Company
- Progressive Management Systems
- Provest Law
- PYOD LLC
- Quaternary Collection Agency
- RAB Collection Agency
- Rash Curtis and Associates
- Radius Global SOL
- Radius Global Solutions
- Rawlings Company
- Razor Capital
- Real Time Resolutions
- Receivables Performance Management
- Regents and Associates
- Reliant Capital Solutions
- RentGrow
- Resurgent
- Resurgent Capital Services and LVNV Funding
- Revco Solutions
- Revenue Enterprises LLC
- Revenue Group
- RGS Financial, Inc.
- RMP LLC in Court
- RMP Services
- RS Clark and Associates
- RSIEH
- RSIEH
- RTR Financial Services
- Rubin & Rothman
- Salander Enterprises LLC
- Samara Portfolio Management
- SCA Collections
- Scott Parnell and Associates
- Second Round Collections
- Second Round Sub LLC
- Selip & Stylianou LLP
- Sequium Asset Solutions
- Sessoms and Rogers
- Sherman Acquisition
- Sherman Financial Group
- SIMM Associates
- Source Receivables Management
- Southern Management Systems
- Southwest Credit Group
- Spire Recovery Solutions
- SRS Company
- Stark Collection Agency
- State Collection Service
- Stenger and Stenger
- Stillman Law Office
- Summit Account Resolution
- Sunrise Credit Services
- Superlative RM Debt Collector
- Suttell and Hammer
- Synergetic Communication
- Synerprise Consulting
- The Law Office of Michael J Scott
- Trellis Company
- Troy Capital
- TRS Recovery Services
- TrueAccord
- Tulsa Teachers Credit Union
- UCB Collection
- UHG 1, LLC
- Unifin
- Unifin Debt Collector
- Unifund
- Universal Credit Services
- US Bank Collections
- USAA collections
- USCB America
- Valentine and Kebartas
- Valley Servicing
- Vance & Huffman LLC
- Van Ru Credit Corporation
- Velo Law Office
- Velocity Investments
- Viking Client Services
- Wakefield and Associates
- Waypoint Resource Group
- WCTCB
- Weinberg and Associates
- Weltman, Weinberg & Reis
- Westwood Funding
- Williams and Fudge
- Wilshire Consumer Credit
- Wolpoff & Abramson
- Worldwide Asset Purchasing
- www.AutomotiveCredit.com
- Zarzaur & Schwartz
- Zwicker & Associates
Resolve your debt with your creditor
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
- American Express; American Express – Debt Collection
- Bank of America
- Barclay
- Best Buy Credit Card
- Capital One
- Chase
- Credit One Bank
- Old Navy Credit Card
- PayPal Synchrony Card
- Regional Finance
- Retailers National Bank
- Reunion Student Loan Finance Corporation
- SYNCB/PPEXTR
- Synchrony Bank
- Synchrony Walmart Card
- Target National Bank
- Webbank
- Wells Fargo
- Can I Pay My Original Creditor Instead of a Debt Collection Agency?
- Can I Settle a Debt with the Original Creditor?
Settle your medical debt
Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.
- Am I Responsible for My Spouse’s Medical Debt?
- Do I Need a Lawyer for Medical Bills?
- Do I Need a Lawyer to Fight Medical Bill Debt?
- Does Bankruptcy Clear Medical Debt?
- How Much Do Collection Agencies Pay for Medical Debt?
- How to Find Medical Debt Forgiveness Programs
- Is There a Statute of Limitations on Medical Bills?
- Medical Debt Statute of Limitations by State
- Summoned to Court for Medical Bills — What Do I Do?
- Summoned to Court for Medical Bills? What to Do Next
Guides on arbitration
If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.
Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
- How Arbitration Works
- How to Find an Arbitration Clause in Your Credit Agreement
- How to Make a Motion to Compel Arbitration
- How to Make a Motion to Compel Arbitration in Florida
- How to Make a Motion to Compel Arbitration Without an Attorney
- How Credit Card Arbitration Works
- Motion to Compel Arbitration in California
- Sample Motion to Compel Arbitration
Stop calls from debt collectors
Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.
- 1-800-390-7584
- 800-289-8004
- 800-955-6600
- 8009556600
- 877-366-0169
- 877-591-0747
- 800-278-2420
- 800-604-0064
- 800-846-6406
- 877-317-0948
- 888-899-4332
- 888-912-7925
- 202-367-9070
- 502-267-7522
Federal debt collection laws can protect you
Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.
- 15 USC 1692 Explained
- Does the Fair Credit Reporting Act Work in Florida?
- FDCPA Violations List
- How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)
- How to Make a Fair Debt Collection Practices Act Demand Letter
- How to Submit a Transunion Dispute
- How to Submit an Equifax Dispute
- How to Submit an Experian Dispute
- What Debt Collectors Cannot Do — FDCPA Explained
- What Does Account Information Disputed by Consumer Meets FCRA Requirements Mean?
- What does “meets FCRA requirements” mean?
- What does FCRA stand for?
- What is the Consumer Credit Protection Act
Source: https://t-tees.com
Category: WHY