Hannah Locklear | December 12, 2022
Summary: Capital Management Services is a debt collection agency that has been known to violate the FDCPA in order to collect debts. Knowing your rights can help you protect yourself. When CMS contacts you about a debt, request that they verify it by sending a Debt Validation Letter. If matters escalate to court, respond to a debt lawsuit against Capital Management Services with SoloSuit.
“I can’t wait for Capital Management Services to call me about my debt again!” — said no one ever.
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.
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
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.
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:
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:
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:
Now, let's look at an example.
Example: When Capital Management Services sues George for a debt, he uses SoloSuit to draft and file a response to the lawsuit. In his Answer document, George denies most of the claims against him and includes several affirmative defenses to strengthen his case. After a few months, Captial Management Services dismisses the case.
Check out this video to learn more about these three steps:
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.
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.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather