Dena Standley | November 16, 2022
Summary: Debt collectors can make your life miserable. Capital Accounts is no exception. SoloSuit gives you time-tested ways to help you know your rights, prevent a lawsuit, and beat Capital Accounts in court.
Was your last encounter with a Capital Accounts agent nasty? Did they speak rudely or threaten you in any way? Collection agencies sometimes feel superior because of their enormous size compared to the individual consumers they’re contacting.
That's why organizations such as the Fair Trade Commission and Consumer Financial Protection Bureau (CFPB) were formed to fight for your rights. This information should encourage you because you can report Capital Accounts to relevant authorities for their unethical business practice.
In addition, you can also take specific actions to beat Capital Accounts, such as sending a Debt Validation Letter, responding to the lawsuit, and making a settlement offer. This article will give you practical steps to beat Capital Accounts, no matter where you’re at inf the collection stage.
Capital Accounts, LLC is a legitimate debt collection agency based in Franklin, Tennessee. It specializes in collections from consumers who have defaulted on making payments. Some of Capital Accounts’ services include monthly reporting, early-out letters, phone calls, skip tracing, credit reporting, and litigation.
Capital Accounts gives its clients monthly reports showing their progress in collecting the debt. To keep their clients happy, their agents aggressively follow up on debt to ensure they meet their target.
Capital Accounts’ contact information is as follows:
PO Box 680608
Franklin, TN 37068
4107 Mallory Lane
Suite 302 Franklin, TN 37067
Phone number: (800) 282-3214
Despite having an A+ rating on its BBB page, Capital Accounts is notorious for using questionable debt collection tactics to get people to pay off their debts.
As of 2022, Capital Accounts has received nearly 250 complaints on its BBB profile in the last three years. Even worse, the CFPB has reported more than 1,100 complaints against Capital Accounts over the last ten years.
These complaints list several violations of the FDCPA, including failure to validate a debt upon request, reporting fraudulent information to the credit reporting agencies, and calling dozens of times a day. Below is an example of a real complaint against Capital Accounts from the CFPB complaint database:
“After notification of a collection debt on my records, I sent debt Validation letters to Capital Accounts 3 times. I sent one through email and two certified mail. Each time Capital Accounts has failed to validate my debt. Instead, they sent a list of my medical records which I know is in direct violation of HIPPA regulations. I never signed a HIPPA form authorizing them to have access to this information.”
This complaint is one example of the many ways Capital Accounts frustrate consumers. It is possible to beat them even in the above situation.
If Capital Accounts is contacting you about a debt that you don’t recognize, try sending a Debt Validation Letter..
A Debt Validation Letter forces the debt collection agency to verify details about the account and prove that the account belongs to you. It can also help you win your case or receive damages because they continued their attempts to collect without verifying the debt belongs to you. Watch the following video to learn how to draft a Debt Validation Letter.
If debt collection agencies had their way, they would cause endless misery to consumers. Hence, the Fair Debt Collection Practices Act (FDCPA) was enacted to prevent them from taking advantage of helpless consumers. The guidelines state that Capital Accounts should not:
Report these and other bad business practices you experience while dealing with Capital Accounts agents. Examples of organizations to submit a complaint include FTC, CFPB, and BBB. These institutions follow up on the collection agencies to ensure they respond to your complaint.
In addition to persistently contacting you and entering the debt on your credit report, Capital Accounts can also take you to court. If you have received a lawsuit letter from them, do not despair, you still have a chance of beating them.
In order to beat Capital Accounts in court, you must respond to the court Summons and Complaint within your state’s deadline. Failure to respond in time will most likely lead to a default judgment against you.
With a default judgment, Capital Accounts can garnish your wages, freeze your bank account, and even put liens on your property. Avoid default judgment by respond to the Summons and Complaint with a written Answer.
Take the following three steps to respond to a lawsuit against Capital Accounts and increase your chances of winning.
The Complaint is a document in the lawsuit that lists Capital Accounts' allegations against you. You must respond to each claim in corresponding order, using one of these three replies:
It is in your best interest if you do not admit to all the claims. Agreeing to all the allegations means the court may decide in favor of Capital Accounts. In fact, most attorneys recommend denying as many claims as possible, forcing Capital Accounts to prove each one. If they can’t, there is a good chance the case will be tossed out.
Affirmative defenses are the reasons you'll give for not accepting responsibility for the debt. These responses determine the weight of your case and if the judge will rule in your favor. Some affirmative defenses you can use are:
SoloSuit can help you fill out your affirmative defenses to increase your chances of winning the case. The steps are simple to follow, and you'll have your document ready in fifteen minutes.
After confirming the deadline for filing in your state, make three copies of the Answer and file one copy with the court. Send the other copy to Capital Accounts lawyers and keep the last one in your records.
Here’s an example of how to beat Capital Accounts in court.
Example: Michael is being sued by Capital Accounts for a medical debt he already paid off. He uses SoloSuit to respond to the lawsuit’s Summons and Complaint. In his Answer, Michael denies all the claims listed against him and asserts his affirmative defenses. When Capital Accounts cannot prove their claims, the lawsuit gets dismissed.
Check out this video to learn more about these three steps:
You do not have to go to court even after Capital Accounts sue you—request for debt settlement outside the court. SoloSuit’s SoloSettle tool helps you negotiate and reach a debt settlement with collectors like Capital Accounts.
And if you’re being sued for a credit card debt with an arbitration clause, you can force the lawsuit out of court by filing a Motion to Compel Arbitration into the case. This forces your case outside of court, taking the stress off going to battle in court off your shoulders.
SoloSuit can help you draft these documents, customized to your case’s circumstance, in minutes.
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.
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.
Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
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