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How to Beat Capital Management Services

Hannah Locklear | December 12, 2022

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

When you beat Capital Management Services in court ^^

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.

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

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.

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:

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.

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