Debt collection agency (Capital Management) refuses to stop calling me. What can I do?

Question

This horrible company called "Capital Management Services, L.P." [http://www.cms-collect.com/] continually calls and tells me that I owe them some debt. It's incorrect and I tell them that.

They are very, very rude. So about 6 months ago I told them to stop calling me. But they keep calling. Different people (all with strong Indian accents, yet amazingly American names like Sally and Bob) call each time. I always say, "I told you to stop calling me..." and they reply with some garbage like "I have never called you before. What is your name? You need to give me your name right now. Give me your name".

Obviously I refuse, and they say more rude comments and hang up. I have no luck when calling them and their phone is routed nowhere. The company appears to be in NY, USA! How is this legal??

My question is, how can I get this to stop permanently? I've seen many other reports too. I want to take action and get this stopped ASAP and hopefully get them in trouble as they deserve.

As someone mentioned, they have put some of those bogus debts on my credit report and haven't been able to get it removed (haven't tried too much, but I don't really know where to start).

The other problem I'm finding out is that with a fully-US based company, the employees must follow US guidelines and laws. But even though this company is based in the US, they obviously outsource all of their callcenter to India, which from every person I've talked to there has blatantly pushed in my face - they could care less about giving a real name, info, politeness, etc; as there's really nothing we can do.

I'm sure by law the company has to at least fake-log the calls, but judging from their attitudes (again, all fake names, how on earth do you track anything down?), they aren't worried even a tiny bit of any repercussions. They talk like they have a free ticket, which I am starting to realize, they almost do being out of the US. I'm really stuck :(

And one last note:
I had this problem with another collector a while back and did send the a cease and desist letter via certified mail. I got the return receipt and everything. They kept calling.
When I called and finally got through to some type of supervisor (who knows if it even was), they kept saying they never received it. When I said I have the receipt they put me on hold for like 20 minutes. Finally he came back and said they received an envelope from me that was empty, no letter was inside and they would keep calling me.

So even with a certified cease and desist letter, how do you "prove" that you really sent the letter inside of the envelope?? This is ridiculous, such loopholes. I can't take my letter to the post office and have someone watch me put the letter in the envelope and send it off, and have the mail person vow to come to court or something like that obviously. So how do you do this and take any and every loophole-joke out of the process?

Answer 1

Here's their website: http://www.cms-collect.com/CONTACTUS.HTML

Send a letter, certified, return receipt. Tell them to cease and desist calling you.

This company has a track record of putting bogus old debt on people's credit report. You may want to pull a copy of your credit and check.

Answer 2

Capital Management Services Group

Answer 3

Just an FYI but it's called a "cease and desist" letter. Seize would mean you are demanding the taking of property.. That may send out the wrong signal. Now, with that out of the way, there are DNC (Do Not Call) registries which prevent solicitation and telemarketing calls but collection agencies can work around such things. Depending on the type of debt, where you are located, and the age of the debt, they can take certain courses of action but, truth be told, most of it amounts to empty threats. In short, if you don't owe the money, ignore until they give up or take other measures. I personally enjoy the speaking gibberish route. It makes for some fun phone calls!

Answer 4

Capital Management Services Lp

Answer 5

I know how annoying this is. I would try to get a phone number for the top management. Do not ever tell them anything about you. They can use that against you later. If you can get an address or phone number, call your lawyer, ask them to write a letter to management/legal department. Then they might back down. Also, when they say you owe, you ask them to who, how much etc. Never offer information. Most important, if they have your name, then ask them for the person who they think you are for the social security number. If it is not yours, don't worry. I had 2 situations like this. The person that they were after had the same NAME first & last. The social security number released me from their phone calls. Be forceful and remember....Kill them with kindness. But cut them off, and you ask the questions. If all this doesn't work, then just say hold on, put the phone down and go out, go about your business. Ignore the phone until they hang up. Good Luck!

Answer 6

This Site Might Help You.

RE:
Debt collection agency (Capital Management) refuses to stop calling me. What can I do?
This horrible company called "Capital Management Services, L.P." [http://www.cms-collect.com/] continually calls and tells me that I owe them some debt. It's incorrect and I tell them tha

Answer 7

Try contacting a lawyer. I beleive there is a law against this type of harrassment. Try this also, the next time they call, be very polite and say something like " gee I'm glad you called, hold on while I put the baby down (or something like that). Lay the phone down and don't come back. Take pleasure in the fact that you are running up their phone bill. Lot s of luck

Answer 8

You must always be careful with credit cards, car loans, mortgages and debt consolidation. Persoanlly, I was in debt of over $100,000 at one point in time, roughly 4 years ago. I am proud to say I am now DEBT FREE. It is very confusing on what to pay first how to chop down your debt, but there is a lot of good content out there to help. I have also started my own blog to help people out by talking about what I think is important. Check it out sometime!

http://credit-and-loans.blogspot.com/

Answer 9

Tell them that you have talked to a lawyer and you know your rights and that if they don't stop calling that you will take further action. That's what I did and they never called me again. Hope this helps.

Answer 10

SIEZE & DESIST COMMUNICATIONS LETTER.
Simply find a sieze & desist communications letter online, change it with your information, do not put your SS # on it, just make sure you add the phone number that they call you on.
Send it CERTIFIED MAIL, with return reciept, so when they recieve and sign for it, by law, they cannot call you unless to tell you that they recieved the letter, thats it.
Now if they do still call after you have confirmed that they recieved your letter, make sure you log every call after the fact, which you can take them to court and nail them for some $$$. read the FCRA, know your rights!