Owing more money than your current situation allows you to pay back can leave you feeling helpless, angry, and stressed, especially if a debt collector is constantly calling to collect it. If you tell them to stop contacting you, they must comply.
If they don’t, and the situation escalates, there are legal remedies available to you.
How Your Rights Fall Under the FDCPA
If you owe a consumer debt, the Fair Debt Collection Practices Act, or FDCPA, controls the ways that third-party debt collectors can collect it. Methods like those below are illegal and can get an agency closed down:
- Demanding amounts that are higher the amount of the original debt
- Impersonating law enforcement or federal agents
- Trying to collect a debt barred by statute
- Using profane or obscene language
- Calling you at work when your employer does not allow such calls
- Failing to report to the credit bureaus that a debt is in dispute
Company Profile: Capital Collection Service
IfCapital Collection Service is calling you, here is some more information about this debt collector:
Capital Collection Service is a debt collection agency located in West Berlin, New Jersey. It opened for business in 1970, is a mid-sized agency with 50 to 99 employees, and is managed by owner Cindy Kennedy.
It appears to specialize in the collection of medical debt. Archived files that may be accessed at the PACER website confirm that consumers who believed they were being harassed by Capital Collection Service learned more about their rights and acted on them.
Alleged Violations against Capital Collection Service*
According to PACER, in or around mid-2010 Capital Collection Service began calling a New Jersey consumer to collect a debt. One collector who identified herself as Ms. Lewis allegedly told the consumer,
“I know you type of people. I know what you people do.
I'm gonna check up on you because you've probably done this before! You have no idea what you're talking about.”
The consumer also complained that collectors accused her of fraud and stated that she would be arrested if she did not pay the debt immediately. Other alleged threats including filing legal action and garnishing her wages.
She added that Capital Collection Service misrepresented the amount of the debt and never sent her a validation letter within 5 days of contacting her.
Feeling harassed by Capital Collection Service, the consumer hired an FDCPA lawyer and sued the company for allegedly:
- Using profane and abusive language
- Harassing her by phone
- Misrepresenting the character, amount, or legal status of the debt
- Threatening to take legal action, without actually intending to do so
- Using false and deceptive means to collect a debt
- Failing to send her a debt validation letter
- The matter was settled at a later date..
Hire a Consumer Lawyer
The phone numbers for Capital Collection Service are:
Seeing either one them on your caller ID means that Capital Collection Service is calling. If they belittle you and threaten legal actions that never transpire, contact a consumer lawyer and file a claim against Capital Collection Service for multiple FDCPA violations.
The judge could order the agency to pay you $1,000 per violation, so it may end up owing you more than it was originally trying to collect.
Case taken from PACER (pacer.gov). File number is Case 3:10-cv-05764-MLC-DEA from the United States District Court for the District of New Jersey.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Capital Collection Service or any other third-party collection agency, you may not be entitled to any compensation.