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  • Report: #216957

Complaint Review: Capital Management Services, Resurgent Capital Services, LP

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  • Submitted: Sat, October 21, 2006
  • Updated: Tue, September 25, 2012

  • Reported By:Sonora California
Capital Management Services, Resurgent Capital Services, LP
726 Exchange Street, Suite 700 Buffalo, New York U.S.A.

Capital Management Services, Resurgent Capital Services, LP Ripoff scam, collection company claiming I owe AT&T money from 12 years ago! Buffalo New York

*Consumer Comment: cease and desist letter

*Consumer Comment: FIle A Letter to Your State Attorney General and the FTC ONLINE

*Consumer Comment: FIle A Letter to Your State Attorney General and the FTC ONLINE

*Consumer Comment: FIle A Letter to Your State Attorney General and the FTC ONLINE

*Consumer Comment: Same issue with resurgent capital

*Consumer Comment: Same issue with resurgent capital

*Consumer Comment: Same issue with resurgent capital

*Consumer Comment: Same issue with resurgent capital

*Consumer Comment: Capital Management Services Incident This Morning

*Consumer Comment: Capital Management Services Incident This Morning

*Consumer Comment: Capital Management Services Incident This Morning

*Consumer Comment: They have a history of problems

*Consumer Suggestion: Statute of limitation

*Consumer Comment: They are Frauds!!!

*Consumer Comment: They are Frauds!!!

*Consumer Comment: They are Frauds!!!

*Consumer Comment: They are Frauds!!!

*Consumer Suggestion: Have INFO taken Off your Credit reports

*Consumer Suggestion: Have INFO taken Off your Credit reports

*Consumer Suggestion: Have INFO taken Off your Credit reports

*Consumer Suggestion: Have INFO taken Off your Credit reports

*Consumer Suggestion: File a complaint with your Attorney General's office and Federal Trade Commission

*Consumer Comment: I had an incident with this company just this morning.

*Consumer Suggestion: Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

*Consumer Suggestion: Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

*Consumer Suggestion: Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

*Consumer Suggestion: Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

*UPDATE Employee: Answers for the both of you-

*Consumer Suggestion: Capital management services, LP should be fully investigated

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Please beware. I have been receiving harrassing phone calls from a company named "Resurgent Capital Services, LP" or "Capital Management Services, Inc.". They claim that my husband owes $397.13 to AT&T from 1994. I currently have AT&T for my phone service and they have never told me that I owe them $397.13. As a matter of fact, in 1994 we didn't even have AT$T, we had Sprint. This debt has never showed up on our credit reports, we have never received any communication from AT&T. I requested that they give me the account number or an accounting for the bill that I owe and they said it was unavailable because the debt is so old. I told them that the statue of limitations has run out and the debt is 12 years old. I asked them if I truly owed it, they needed to provide proof and why wasn't it on my credit report. They replied that even though it isn't on my credit report, it is still an outstanding debt and is affecting my credit score. I asked for something in writing with the original account number and they did fax me a generic letter with no information regarding the original debt. I became suspicious when I received a credit card offer letting apply the debt to the card and then make payments. That is when I went online and I am so glad, because now I know this is a SCAM! They continue to call 3 times per week and constantly ask me when am I going to take care of my debts and don't I pay my bills? I have finally told them that they are never going to get a red cent from me and hang up. They seem to call more often now. I just want to know how they got my husband's name, address, phone number, and social security number. Can anyone tell me? Also, how can I get the phone calls to STOP! Please help!

Tonya
Sonora, California
U.S.A.

This report was posted on Ripoff Report on 10/21/2006 09:33 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-Management-Services-Resurgent-Capital-Services-LP/Buffalo-New-York-14210/Capital-Management-Services-Resurgent-Capital-Services-LP-Ripoff-scam-collection-compan-216957. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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Updates & Rebuttals

#1 Consumer Comment

cease and desist letter

AUTHOR: Tammyjk - (United States of America)

I was contacted by LVNV funding first, which my guess is so were some of you.  They tried to tell me I owed Capital One 10k from 11 years ago.  After I stopped laughing I politely told the woman it was not my account and in fact I have Captial One in good standing.  I also told her this was beyond the statute of limitations and do not contact me again.....

Next Capital Management....they tell me I owe Capital One 1482.00 from again 11 years ago.  These are not "mistakes" as someone has suggested.  These are bogus accounts with bogus figures. 

Do not admit to the account
Do not make arrangements to pay
Do not give personal information

Do send a cease and desist letter: http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm
Do send all letters registered mail and keep delivery receipts
Do keep a log of time and date of calls
Do sue if they continue to call
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#2 Consumer Comment

FIle A Letter to Your State Attorney General and the FTC ONLINE

AUTHOR: Mark - (U.S.A.)

DO both a letter to your state attorney general and then go to the FTC web site and file a complaint, Just writing the BBB does no good. These people scam you.

Mark
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#3 Consumer Comment

FIle A Letter to Your State Attorney General and the FTC ONLINE

AUTHOR: Mark - (U.S.A.)

DO both a letter to your state attorney general and then go to the FTC web site and file a complaint, Just writing the BBB does no good. These people scam you.

Mark
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#4 Consumer Comment

FIle A Letter to Your State Attorney General and the FTC ONLINE

AUTHOR: Mark - (U.S.A.)

DO both a letter to your state attorney general and then go to the FTC web site and file a complaint, Just writing the BBB does no good. These people scam you.

Mark
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#5 Consumer Comment

Same issue with resurgent capital

AUTHOR: Scott - (U.S.A.)

I received the same letter stating I had an outstanding debt for AT&T Broadband multiple years ago and thought that I had cleared up this bogus debt then. The original debt was from when I was still living with my parents! There was no way I ever had an account with AT&T at that time.

However, I just received the same type of letter for the same debt once again. This current letter is from CBCS National acting on behalf of Resurgent Capital.

I contacted CBCS and they could not forward me to anyone at Resurgent obviously. They also gave me the bogus line that "AT&T has merged with so many different companies over the years, who knows what the original bill was". That's why they use AT&T, I'm sure.

This is a total scam!
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#6 Consumer Comment

Same issue with resurgent capital

AUTHOR: Scott - (U.S.A.)

I received the same letter stating I had an outstanding debt for AT&T Broadband multiple years ago and thought that I had cleared up this bogus debt then. The original debt was from when I was still living with my parents! There was no way I ever had an account with AT&T at that time.

However, I just received the same type of letter for the same debt once again. This current letter is from CBCS National acting on behalf of Resurgent Capital.

I contacted CBCS and they could not forward me to anyone at Resurgent obviously. They also gave me the bogus line that "AT&T has merged with so many different companies over the years, who knows what the original bill was". That's why they use AT&T, I'm sure.

This is a total scam!
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#7 Consumer Comment

Same issue with resurgent capital

AUTHOR: Scott - (U.S.A.)

I received the same letter stating I had an outstanding debt for AT&T Broadband multiple years ago and thought that I had cleared up this bogus debt then. The original debt was from when I was still living with my parents! There was no way I ever had an account with AT&T at that time.

However, I just received the same type of letter for the same debt once again. This current letter is from CBCS National acting on behalf of Resurgent Capital.

I contacted CBCS and they could not forward me to anyone at Resurgent obviously. They also gave me the bogus line that "AT&T has merged with so many different companies over the years, who knows what the original bill was". That's why they use AT&T, I'm sure.

This is a total scam!
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#8 Consumer Comment

Same issue with resurgent capital

AUTHOR: Scott - (U.S.A.)

I received the same letter stating I had an outstanding debt for AT&T Broadband multiple years ago and thought that I had cleared up this bogus debt then. The original debt was from when I was still living with my parents! There was no way I ever had an account with AT&T at that time.

However, I just received the same type of letter for the same debt once again. This current letter is from CBCS National acting on behalf of Resurgent Capital.

I contacted CBCS and they could not forward me to anyone at Resurgent obviously. They also gave me the bogus line that "AT&T has merged with so many different companies over the years, who knows what the original bill was". That's why they use AT&T, I'm sure.

This is a total scam!
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#9 Consumer Comment

Capital Management Services Incident This Morning

AUTHOR: Tcsmpsi - (U.S.A.)

My wife called me earlier this morning, stating that human resources from her company, Valero Energy Corp, called her and asked if she had submitted an application to another company. She explained that Capital Management Services had contacted them and intimated that she had done so, and needed to verify employment, salary, type of work, etc. When my wife explained to human resources that she had not submitted application to any other company, they have her the contact information they had gotten.

My wife contacted Capital Management Services, per information provided, and found they are a debt collection agency.

Had Valero Energy Corp. known, who they were and their intention, they would not have given out my wife's personal information.
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#10 Consumer Comment

Capital Management Services Incident This Morning

AUTHOR: Tcsmpsi - (U.S.A.)

My wife called me earlier this morning, stating that human resources from her company, Valero Energy Corp, called her and asked if she had submitted an application to another company. She explained that Capital Management Services had contacted them and intimated that she had done so, and needed to verify employment, salary, type of work, etc. When my wife explained to human resources that she had not submitted application to any other company, they have her the contact information they had gotten.

My wife contacted Capital Management Services, per information provided, and found they are a debt collection agency.

Had Valero Energy Corp. known, who they were and their intention, they would not have given out my wife's personal information.
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#11 Consumer Comment

Capital Management Services Incident This Morning

AUTHOR: Tcsmpsi - (U.S.A.)

My wife called me earlier this morning, stating that human resources from her company, Valero Energy Corp, called her and asked if she had submitted an application to another company. She explained that Capital Management Services had contacted them and intimated that she had done so, and needed to verify employment, salary, type of work, etc. When my wife explained to human resources that she had not submitted application to any other company, they have her the contact information they had gotten.

My wife contacted Capital Management Services, per information provided, and found they are a debt collection agency.

Had Valero Energy Corp. known, who they were and their intention, they would not have given out my wife's personal information.
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#12 Consumer Comment

They have a history of problems

AUTHOR: Lynn - (U.S.A.)

CAPITAL MANAGEMENT SERVICES L P Lic# CA0593312

Against: Collection Agency Location: BUFFALO, NY
Action: Civil Penalty
Signed: 11/4/2008 $500 Fine
File # CA 2704463 KRJ
Allegation:
Allege Resp allowed two unregistered collectors to contact a Minnesota debtor.

http://www.state.mn.us/mn/externalDocs/Commerce/Enforcement_Actions_November_2008_111408014930_November2008.htm



Here is there e-mail

compliance@cms-collect.com
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#13 Consumer Suggestion

Statute of limitation

AUTHOR: David - (U.S.A.)

Check your state's statute of limitations for debt. You might find it interesting. What these scoundrels are looking for are people who will just shut up and pay them to stop the harassment. However, there really needs to be NO harassment. These companies can be tamed like puppy dogs if you know how. For free information on dealing with these scoundrels, visit budhibbs.com

Here is an excellent sample for a cease communication / cease and desist letter to send them certified mail.

(Collection Agency)
(Their address)


RE: (Their account number and original creditor if you know it)


Dear Collection Agency,


This will serve as your legal notice under federal law of the Fair Debt Collection Practices Act of Congress (FDCPA), to cease ALL communication with me in reference to the above account.

If you don't follow this notice, I will be forced to file a formal complaint against you with the United States government agency, the Federal Trade Commission, who is responsible for enforcement, the state Attorny General's Office and the American Collector's Association who monitors collection agencies for non-compliance with this federal law. I have decided that I don't desire to work with a collection agency under ANY circumstances. I will contact the alleged original creditor of this alleged debt to resolve this matter directly.

You are also notified that if any adverse items are placed against my credit reports as a result of this notice that I will be forced to take appropriate action against your agency, your client and any person employed by either who violates this federal law, with civil and/or criminal charges.

Give this matter the attention it deserves as the consequences could be severe.


Very truly yours,


(Sign your name)

(Type your name)
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#14 Consumer Comment

They are Frauds!!!

AUTHOR: Andrea Laired - (U.S.A.)

Yes, it's true!!
They are sending me letters to collect a debt that doesn't exist... at all.
As I tried to call them repeatedly, the sent me to voicemail 6 times, even after I told them I had been, and please don't do it again.
They have no explaination of the debt, as they just want me to "settle it for a deal".
This is a frightening realization, that there is another way to defraud those who aren't sure about there debts.
If you speak with some force, they'll immediately send you to voicemail.
All of my past debts are paid. Insist on a real bill.
Good luck,
Andrea
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#15 Consumer Comment

They are Frauds!!!

AUTHOR: Andrea Laired - (U.S.A.)

Yes, it's true!!
They are sending me letters to collect a debt that doesn't exist... at all.
As I tried to call them repeatedly, the sent me to voicemail 6 times, even after I told them I had been, and please don't do it again.
They have no explaination of the debt, as they just want me to "settle it for a deal".
This is a frightening realization, that there is another way to defraud those who aren't sure about there debts.
If you speak with some force, they'll immediately send you to voicemail.
All of my past debts are paid. Insist on a real bill.
Good luck,
Andrea
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#16 Consumer Comment

They are Frauds!!!

AUTHOR: Andrea Laired - (U.S.A.)

Yes, it's true!!
They are sending me letters to collect a debt that doesn't exist... at all.
As I tried to call them repeatedly, the sent me to voicemail 6 times, even after I told them I had been, and please don't do it again.
They have no explaination of the debt, as they just want me to "settle it for a deal".
This is a frightening realization, that there is another way to defraud those who aren't sure about there debts.
If you speak with some force, they'll immediately send you to voicemail.
All of my past debts are paid. Insist on a real bill.
Good luck,
Andrea
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#17 Consumer Comment

They are Frauds!!!

AUTHOR: Andrea Laired - (U.S.A.)

Yes, it's true!!
They are sending me letters to collect a debt that doesn't exist... at all.
As I tried to call them repeatedly, the sent me to voicemail 6 times, even after I told them I had been, and please don't do it again.
They have no explaination of the debt, as they just want me to "settle it for a deal".
This is a frightening realization, that there is another way to defraud those who aren't sure about there debts.
If you speak with some force, they'll immediately send you to voicemail.
All of my past debts are paid. Insist on a real bill.
Good luck,
Andrea
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#18 Consumer Suggestion

Have INFO taken Off your Credit reports

AUTHOR: Mark - (U.S.A.)

All anyone has to do is write the credit bureau and have old information taken off your reports. MANY Collection companies PING Credit Bureaus and or they are sold BAD INFORMATION. Just have the old stuff taken off and you won't have to deal with collectors.

Mark
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#19 Consumer Suggestion

Have INFO taken Off your Credit reports

AUTHOR: Mark - (U.S.A.)

All anyone has to do is write the credit bureau and have old information taken off your reports. MANY Collection companies PING Credit Bureaus and or they are sold BAD INFORMATION. Just have the old stuff taken off and you won't have to deal with collectors.

Mark
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#20 Consumer Suggestion

Have INFO taken Off your Credit reports

AUTHOR: Mark - (U.S.A.)

All anyone has to do is write the credit bureau and have old information taken off your reports. MANY Collection companies PING Credit Bureaus and or they are sold BAD INFORMATION. Just have the old stuff taken off and you won't have to deal with collectors.

Mark
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#21 Consumer Suggestion

Have INFO taken Off your Credit reports

AUTHOR: Mark - (U.S.A.)

All anyone has to do is write the credit bureau and have old information taken off your reports. MANY Collection companies PING Credit Bureaus and or they are sold BAD INFORMATION. Just have the old stuff taken off and you won't have to deal with collectors.

Mark
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#22 Consumer Suggestion

File a complaint with your Attorney General's office and Federal Trade Commission

AUTHOR: James - (U.S.A.)

I believe you when you say. That you don't owe them. They are scam artists.
File a compalint with the FTC.Gov. File a complaint with your Attorney General's office.

Some of the the comments you received are deadbeat collectors protecting their turf.

Do not talk with these people. They record conversations. Never ever send them money! Your debt is Statute of Limitations barred. The bozo's at Resurgent are famous for reaging old debt.

Steve....From Florida may have more comments.

If you have to contact BudHibbs. Click on NACA attorney. This will take you to a website for attorneys that specialize in debt collections, Fair credit reporting Act and other laws.

Some handle it on a Continency basis. Its worth a try.

Do Not throw away the thirty days. send them a debt validation letter and request the same with a complaint with the Attorney General's Office.

Matter a fact file it with South Carolina Attorney General's Office. They have a about 200 complaints against them.

As for the Federal Trade Commission. please file a complaint. One more complaint puts more fuel on the fire. They may sue them to comply with the law.

Do Not pay them!

jim
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#23 Consumer Comment

I had an incident with this company just this morning.

AUTHOR: Ahmed - (U.S.A.)

I received a voice message at my home answering machine from a CMSI employee: Mr. A.A. asking- in a muffled voice- for one of the company's clients Mr. F.S..

5 minutes later, Mr. AA calls again, and I answered. After asking Mr. AA to repeat the name he is asking for, I explained that he must have dialed the wrong number, and that the person that he is asking about doesn't live here. I was astonished and in a way shocked by his response. He said: " Speak up stupid ", and he hang up the phone.

Not knowing who called me exactly, and what is this company is about, I dialed 69 to dial the last number who called me which was: (877) 219-0853, the number for CMSI. What I found out- in short- if you don't have an account number, no one will even talk to you, and there is no way that you can ask to speak to a supervisor to report an incident.

I called back 3 times, first time an angry female employee answered and after I explained the reason for my call, she attempts to find a record of my home phone number, and she fails, so she states that she can't help me, then she transfer's me to a "supervisor" Heather who asks me to call back (800) 457-8210 ext 4116 with the exact name of the person who called me and the person he was asking for. After reviewing the original voice message, I called back to find that the number she gave me is a number for "the compound" and if you don't have an account number, you will not be transferred, not to a representative nor to a supervisor. I tried 3 times and 3 different employees hang up the phone on me after less than 20 seconds, immediately after knowing the reason for my call.

When I googled this company after I got to my Clinic office, I found this report. Having a low level customer service in a collection agency is something, and having impolite employees who call and insult people is something else. The later is not an option, I think.

Ahmed **** MD
Fairview Heights, Illinois.
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#24 Consumer Suggestion

Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

AUTHOR: Robert - (U.S.A.)

Tonya - send a certified letter to Capital Management to dispute the debt and request written verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act which you can read at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
Section 803 covers this nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Sara - as an "insider" you should know this law like the back of your hand, yet I see in several "rebutles" that you tell folks to write a letter to the creditor - instead of Capital Management. The law is specific - the consumer writes to the DEBT COLLECTOR and the DEBT COLLECTOR must provide written verification to the consumer.

Also, just because a debt "falls off" of a credit report does NOT mean the debtor cannot be sued. Many debts fall off a credit report after 3 or 5 years, yet most states have a statute of limitations of 7 years, and certain types of debt the statute of limitations is even longer. Again, you should already know this.
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#25 Consumer Suggestion

Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

AUTHOR: Robert - (U.S.A.)

Tonya - send a certified letter to Capital Management to dispute the debt and request written verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act which you can read at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
Section 803 covers this nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Sara - as an "insider" you should know this law like the back of your hand, yet I see in several "rebutles" that you tell folks to write a letter to the creditor - instead of Capital Management. The law is specific - the consumer writes to the DEBT COLLECTOR and the DEBT COLLECTOR must provide written verification to the consumer.

Also, just because a debt "falls off" of a credit report does NOT mean the debtor cannot be sued. Many debts fall off a credit report after 3 or 5 years, yet most states have a statute of limitations of 7 years, and certain types of debt the statute of limitations is even longer. Again, you should already know this.
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#26 Consumer Suggestion

Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

AUTHOR: Robert - (U.S.A.)

Tonya - send a certified letter to Capital Management to dispute the debt and request written verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act which you can read at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
Section 803 covers this nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Sara - as an "insider" you should know this law like the back of your hand, yet I see in several "rebutles" that you tell folks to write a letter to the creditor - instead of Capital Management. The law is specific - the consumer writes to the DEBT COLLECTOR and the DEBT COLLECTOR must provide written verification to the consumer.

Also, just because a debt "falls off" of a credit report does NOT mean the debtor cannot be sued. Many debts fall off a credit report after 3 or 5 years, yet most states have a statute of limitations of 7 years, and certain types of debt the statute of limitations is even longer. Again, you should already know this.
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#27 Consumer Suggestion

Read the Fair Debt Collection Practices Act and send a letter to Capital Management.

AUTHOR: Robert - (U.S.A.)

Tonya - send a certified letter to Capital Management to dispute the debt and request written verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor.

Once they receive the letter, they must cease all collection efforts until they provide the written information requested. This is in accordance with the Fair Debt Collection Practices Act which you can read at http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm.
Section 803 covers this nicely:

809. Validation of debts [15 USC 1692g]

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

(1) the amount of the debt;

(2) the name of the creditor to whom the debt is owed;

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

Sara - as an "insider" you should know this law like the back of your hand, yet I see in several "rebutles" that you tell folks to write a letter to the creditor - instead of Capital Management. The law is specific - the consumer writes to the DEBT COLLECTOR and the DEBT COLLECTOR must provide written verification to the consumer.

Also, just because a debt "falls off" of a credit report does NOT mean the debtor cannot be sued. Many debts fall off a credit report after 3 or 5 years, yet most states have a statute of limitations of 7 years, and certain types of debt the statute of limitations is even longer. Again, you should already know this.
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#28 UPDATE Employee

Answers for the both of you-

AUTHOR: Sara - (U.S.A.)

For the first comment-

Yes, AT&T is still owed by you. NO it is not on your credit report. NO they can not sue you for you- once it has fallen off your credit report that means they cant legally sue you to force you to pay it. Realistically, the bill is still owed, and it will always come back up. Debt never goes away- just now you can not be legally held responsible for you. As far as the credit card that offered to pay the debt off- THAT is a scam. That has NOTHING to deal with capital management or the debt that is in the office. The credit card offer you received is a way for you to "rebuild" your credit. (i actually wonder if you were not the person i spoke to on the phone about a week ago)

The credit card wants you to put the balance on the card and then you pay them the balance plus interest, but they claim that helps fix your credit. As far as the balance goes in the office, just sent a cease and desist letter. It will more than likely come back up in a year or so- thats what happens with un paid debt. Just you can not be sued for it now.

So, its up to you , pay it, dont pay it. its up to you. You can not be sued for it, nor held legally liable for it, but you can still have "further collection efforts" until it is paid. If i were you, just send the letter requesting cease and desist. and youll be fine.

And the second comment to jon:

If they are calling you telling you you owe a debt that you ALREADY PAID- the company BEFORE capital management SCREWED up. They for whatever reason did not document the acct correctly and then in turn, sent it to the next company. All you have to do to fix this is send them the paid letter from the other company. contact the other company tell them you are being called from another company and they claim you still owe it and demand they send you a fax or mail saying it is paid. Once CMSI gets the letter, theyll send it to the client and they will fix it for you! its NOT capital managements fault this happened, its the company you paid who screwed up. Call them and yell at them!

If you cant find the paid letter---Find the other companies number and call them, demand it. If you cant find their number- go thru all your old records and see if you can find the check, check your phone records maybe you can find the number then, check your bank statements you may find their name on those... its not CMSI's fault though. Any questions just write me on here.... ill be more than happy to help.
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#29 Consumer Suggestion

Capital management services, LP should be fully investigated

AUTHOR: Jon - (U.S.A.)

I have the same problem. They are tying to get me to pay for a debt, that was paid two years ago. They would not listen to me, and they still contact me. Today I decided to fight back. I found this website and decided to start here. Since I found so many other nice people that have the same problem with the same company.

I also filed a grievance with the NY BBB. I just filed it today, so haven't heard anything yet. I figure if more people would file a grievance , they might decide to do something with this corrupt company.

It's a shame that companies can get by with this. I won't lay down and be pushed around anymore.
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