Criminal Defense Lawyers

Capital Management Services Collection Agency Debt Help

Dealing with Capital Management Services? Here’s What You Need to Know

But, take a deep breath. Getting calls and letters from a debt collection agency like Capital Management Services (CMS) can be stressful, but, you’re not alone. Millions of Americans face this situation every year. The good news? You have rights, and there are proven strategies to resolve this.We’re going to break it all down for you, step-by-step. No confusing legal jargon, just clear, practical advice from experienced debt resolution experts. Let’s get started.

Understanding Your Rights When Dealing with Debt Collectors

First things first, you need to know your rights under the Fair Debt Collection Practices Act (FDCPA). This federal law protects consumers from abusive, deceptive, or unfair debt collection practices. It’s like your legal shield against shady collector behavior.Under the FDCPA, debt collectors like CMS:

• Can’t harass or abuse you with threats of violence or obscene language. 1
• Can’t lie about the amount you owe or falsely claim to be attorneys or government representatives. 1
• Can’t discuss your debt with others, except to get location information. 1
• Must stop contacting you if you send a written request (more on that later). 1

But, the FDCPA isn’t just about what collectors can’t do. It also gives you the right to request debt validation within 30 days of their first contact. 1 This is crucial, so let’s explore it further.

Requesting Debt Validation from Capital Management Services

You know that nagging doubt, wondering if CMS has their facts straight about your debt? Well, you can demand proof with a debt validation letter. This is like calling their bluff, making them show their cards.In your letter, you’ll want to:

• Request the name and address of the original creditor.
• Ask for an itemized statement of how the debt amount was calculated.
• Clearly state you’re disputing the debt until it’s properly validated.

Here’s a sample debt validation letter you can use:

[Your Name]
[Your Address]
[Your City, State, Zip Code]

[Date]

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Capital Management Services, LP
698 1/2 S. Ogden Street
Buffalo, NY 14206

Re: Alleged Debt [Any Account Number Provided]

Dear Capital Management Services:

I am writing to dispute the debt you are attempting to collect. Pursuant to the Fair Debt Collection Practices Act, I am requesting validation of this alleged debt.

Please provide the following information:

1. The name and address of the original creditor.
2. An itemized statement showing how the amount you claim I owe was calculated.
3. Copies of any documents or agreements that show I agreed to pay this debt.

Until you provide proper validation as required by law, I dispute this debt and demand that you cease all collection efforts.

Sincerely,

[Your Name]


Send this via certified mail with return receipt requested. That way, you have proof CMS received it. If they can’t validate the debt, they’re legally required to stop collection efforts and remove any negative credit reporting. 1 It’s that simple.

Negotiating a Settlement with Capital Management Services

But what if CMS does validate the debt? Don’t panic, you still have options. One strategy is to negotiate a settlement for less than the full balance. Collection agencies often purchase debts for pennies on the dollar, so they’re motivated to recover something rather than nothing.Here are some negotiation tips:

• Offer a lump sum payment you can realistically afford, say 25-40% of the balance. 2
• Get any settlement agreement in writing before paying a dime. 2
• Insist the agreement states CMS will stop reporting the debt and remove it from your credit. 2
• Consider using a debt settlement firm if you’re uncomfortable negotiating directly. 2

For example, if CMS is trying to collect $5,000, you could offer to settle for $2,000 as a lump sum payment. But, make sure to get that agreement in writing first.

Setting Up a Payment Plan with Capital Management Services

If a lump sum isn’t feasible, you may be able to set up a payment plan instead. Just be very careful with the terms.Some key tips:

• Get the full payment schedule and amount in writing before agreeing. 3
• Insist they stop accruing interest and fees once the plan starts. 3
• Request they recall or stop reporting the debt during payments. 3
• Make payments by money order or certified funds to create a paper trail. 3

For instance, if you owe $3,500, you could propose paying $200 per month for 18 months with no interest or fees added. But again, get all those terms in writing first.

Dealing with Violations by Capital Management Services

If at any point CMS violates the FDCPA through harassment, lying about the debt, or illegal threats, you have recourse. You can file complaints with:

• The Federal Trade Commission (FTC) 4
• The Consumer Financial Protection Bureau (CFPB) 4
• Your state’s attorney general office 4

You can also sue CMS in federal court within one year of any FDCPA violation. Damages can include actual damages, plus up to $1,000 in additional damages. 4 An experienced consumer law attorney can advise if you have a case.

Removing Capital Management Services from Your Credit Report

Even if you resolve the debt, that negative collection entry can remain on your credit report for up to 7 years, dragging down your score. But, there are ways to get it removed sooner.The strategies include:

• Disputing the entry with the credit bureaus as inaccurate if CMS fails to validate. 5
• Negotiating a “pay for delete” where CMS agrees to remove it in exchange for payment. 5
• Hiring a professional credit repair company to handle disputes and negotiations. 5

For example, you could send debt validation requests to the credit bureaus. If CMS can’t validate to them, the entry should be removed as inaccurate.

When to Consider Bankruptcy as an Option

For some, bankruptcy may be the best solution to resolve debts like those with CMS. It allows for either complete debt elimination (Chapter 7) or restructuring into an affordable payment plan (Chapter 13).Some key considerations:

• Most unsecured debts like credit cards can be discharged in bankruptcy. 6
• Bankruptcy puts an immediate stop to debt collector harassment and lawsuits. 6
• Your credit will take a major hit initially but can rebound within 1-2 years. 6
• You’ll need to complete credit counseling and follow all court requirements. 6

Bankruptcy isn’t for everyone, but it can provide a fresh start for those overwhelmed by unmanageable debt. Consult a bankruptcy attorney to explore if it’s right for your situation.

Enlisting Professional Help to Deal with Capital Management Services

Look, we get it. Dealing with debt collectors is stressful and confusing. The good news? You don’t have to go it alone.There are professionals who can take this burden off your shoulders, like:

• Consumer law attorneys to enforce your FDCPA rights and negotiate on your behalf. 7
• Credit repair companies to dispute inaccurate credit reporting and remove negative entries. 7
• Debt settlement firms to negotiate affordable lump sum settlements with collectors. 7
• Non-profit credit counseling agencies to advise on debt relief options. 7

For example, a law firm like Spodek Law Group has extensive experience dealing with abusive debt collectors. We can quickly determine if CMS has violated any laws, and take decisive legal action to resolve the issue favorably.

Avoiding Future Debt Collection Issues

Once you’ve resolved this CMS debt, you’ll want to avoid future collection nightmares. Some tips:

• Check your credit reports regularly and dispute any inaccuracies immediately. 8
• Set up payment reminders or automatic payments for all bills to avoid missed payments. 8
• Negotiate with creditors before accounts go to collections if you’re struggling. 8
• Build an emergency fund to cover unexpected expenses that could lead to debt. 8

It’s simple. Every single client deserves honesty and white glove service. At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results.Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don’t look carefully at your situation – they simply want to move on to the next case. We understand the difficult and challenges of going through a case. If you’re accused of a crime, schedule a consultation with our criminal attorneys today.Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case. The only way to truly know is to hire a private criminal defense attorney.At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail. Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in. Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.

The Bottom Line on Dealing with Capital Management Services

Look, getting calls from a debt collector is never fun. But, you have more power than you may realize when it comes to resolving debts with companies like CMS. By knowing your rights, you can fight back against any illegal behavior and potentially settle for a fraction of what’s owed.The key? Being proactive in requesting debt validation, negotiating firmly yet professionally, and considering all your options from settlement to bankruptcy. Don’t let an unscrupulous collector take advantage.