How to Settle Debt With Capital Management Services

Capital Management Services (CMS) might be calling because they think you owe money. You might actually owe the debt, but don’t send money yet. You need to investigate your options first. You can request debt validation.

Getting contacted by Capital Management Services feels stressful and overwhelming. You might feel anxious about what comes next. These feelings are completely normal. Don’t give up hope. You have options.

You have legal rights and protections when dealing with debt collectors. Read on to learn how to engage with Capital Management Services effectively. You can initiate settlement talks to resolve the debt without going to court. Our partner Solo can help you respond if they file a lawsuit.

What Is Capital Management Services?

Capital Management Services (CMS) is a debt collection agency based in New York. The agency started operations in 2000 and employs over 100 people. Capital Management Services collects debts for various businesses across multiple industries. The company’s website doesn’t specify which sectors they focus on.

Here’s how to contact Capital Management Services:

• Phone: 716-871-9050
• Email: compliance@cms-collect.com
• Address: 698 ½ S. Ogden Street, Buffalo, NY 14206
• Website: cms-collect.com

Capital Management Services Reviews Show Mixed Results

Want to know what others experienced with Capital Management Services? Real customer reviews appear on Google, Consumer Affairs, and the CFPB consumer database. The online reviews are mixed, with both positive and negative experiences.

Mixed reviews shouldn’t stop you from engaging with Capital Management Services. Many debt collectors work with people to resolve collection matters. Consider Pilar’s experience with CMS:

“Considering the unfortunate circumstances of why I have to be in contact with these people, my account manager is thorough, super responsive and on point. They have a job but they don’t make my life hell trying to figure out a solution.”

Pilar’s experience shows Capital Management Services will work with you. Explain your situation and reason for non-payment. Explore your available options together.

You Have Legal Rights Under the FDCPA

You have legal rights and protections under the Fair Debt Collection Practices Act (FDCPA). The FDCPA regulates how debt collectors recover debts from consumers.

The FDCPA gives you these rights and protections:

• Debt collectors cannot call before 8 a.m. or after 9 p.m.
• Debt collectors cannot contact you at work after you request they stop. Keep records of work calls as evidence if they continue calling.
• Capital Management Services cannot discuss your debt with third parties. They can only communicate with you or your attorney.
• Debt collectors cannot threaten jail time or misrepresent information. Such tactics violate federal law.

Send a Debt Validation Letter to Capital Management Services

Don’t agree you owe the debt when Capital Management Services first contacts you. Capital Management Services has pursued debts from people who didn’t owe anything. You have the legal right to request proof you owe the debt.

Send a debt validation letter to CMS to submit your formal request. Submit this request in writing via certified mail. Don’t rely on a phone conversation with the collector.

Why does the request need to be in writing? Because Capital Management Services may violate the FDCPA if they fail to respond. You could file a claim against the debt collection agency.

Some debt collectors give up after receiving a debt validation letter. Others will at least calibrate their communications with you.

How to Negotiate a Settlement With Capital Management Services

You can try to negotiate a settlement at any stage. A negotiated settlement makes sense if you acknowledge you owe the debt. You might pay less than the full amount owed.

Follow these steps to negotiate with Capital Management Services:

1. File an Answer quickly if CMS filed a lawsuit against you. You don’t want a default judgment entered against you. Default judgments destroy your bargaining power during settlement talks.
2. Analyze your finances to determine what you can pay. Calculate a realistic settlement amount you can afford to pay.
3. Reach out to CMS with your settlement offer via a debt settlement letter. Your opening offer should be lower than your calculated number. You’ll have room to negotiate upward if CMS rejects your offer.
4. Get the settlement terms in writing if talks succeed. Request a formal Debt Settlement Agreement signed by both parties.
5. Pay the agreed amount on time according to the agreement terms.

How to Respond to a Capital Management Services Lawsuit

Capital Management Services might file a debt collection lawsuit against you. Don’t give up hope or admit defeat. You still have options available.

You can effectively defend yourself if you take specific steps. Capital Management Services will serve you with a Summons and Complaint. Don’t ignore these court documents.

Ignoring the Summons and Complaint leads to default judgment. Capital Management Services can then garnish your wages and seize your property. You must respond by filing a written Answer.

Follow these three steps to respond to a Capital Management Services lawsuit:

1. Respond to Each Claim in the Complaint

The Summons notifies you of the lawsuit. The Complaint lists all specific claims against you. Your Answer document should respond to each claim. You can admit, deny, or deny due to lack of knowledge.

Most attorneys recommend denying as many claims as possible. Denials force CMS to prove what they’re alleging is true.

2. Assert Your Affirmative Defenses

The next section of your Answer tells your side of the story. An affirmative defense is any legal reason you shouldn’t lose. The statute of limitations is a common affirmative defense in debt collection lawsuits.

3. File Your Answer With the Court

File your Answer before your state’s deadline to avoid default judgment. Send a copy to the attorney representing CMS. Send all documents via USPS certified mail with return receipt requested.

Our partner Solo can help you draft and file an Answer in minutes. George used Solo to draft and file his response when Capital Management Services sued him. He denied most claims and included several affirmative defenses. Capital Management Services dismissed the case after a few months.

Your Rights Protect You During Collections

Don’t feel intimidated during the debt collection process. You have rights under the FDCPA and can request validation. You can demand harassing communications stop immediately.

You should respond proactively if the matter goes to court. Our partner Solo provides resources to help you respond to lawsuits. You have options even if you’re not sure where to start.