800-390-4735

Did not hear anything when answered.

Collection Agency

Nothing like being harrassed on a holiday. Bottom dwellers can't even take a break, I guess they just enjoy being a bunch of arshholes.

Did not leave a message.

call 5 times in 10 min. no message

they place calles 3 times in a row in which I Ignored becuase I was at a job interview. The 4th time I excused myself from the interview as if it was an emergancy and tried to explain that this was not nessecary to call me back to back 4 times. The lady on the other end told me "well pay your damn bills and we wouldnt call you!" I tried to explain to her that I had been unemployed and that I was at a job interview now trying to get a job so I could pay them. (which she talked right over me sputtering insults). I had no choice but to hang up on them. the call was defianly getting me no where. she just wanted to insult me.

I am getting calls from them every day.  I don't owe not even one cent!  

Does anyone have an address for these idiots?

Capital Management Services
aka Center One Financial
726 Exchange St #700
Buffalo, New York 14210

Also in Greenville, SC
Phone: 716-871-9050
Fax: 716-566-2107
Web Address: www.cms-collect.com

Also:  2213 Niagara Street
Buffalo, NY 14207

Head Debt Collectors:  
Jeffrey A. Hauser, CEO
Larry Costa, President
Karen Kraska, Secretary-Treasurer
Timothy Kraska, (very) Silent Partner
Patricia M. Cipriani, House Lawyer
(Drug Testing by: Quest Diagnostics)

Typical of the Buffalo style CMS has an endless pool of potential employees to fill the chairs that feed their operations.

The newspaper stories extol the optimistic attitudes of owners, Jeffry Hauser and Larry Costa along with Patricia and Timothy Kraska of an ever growing business that needs only their talent and expertise to survive.

Emails and information from former employees suggest Capital Management Services is suffering from the same fate that most other Buffalo, NY debt collection organizations face in an unhappy work force, far reaching drug use and untrained, unprofessional management and work staff squeezing every minute they can out of their unprofessional collectors.

CMS, is suffering from too much growth too fast. The number of debt collectors in America is at an all time high, which has created a shortage of accounts to collect and a potential drought in areas like Buffalo, the debt collection capital of the world.

So if we use terms such as... ”Buffalo style collection practices’ to describe the actions of CMS employees and are told that drug use and criminal activity is on the increase, why should we even blink, isn’t that what the business in that area is expected to do?

If CMS has anything good going for them, it is the fact that they have an experienced and respected attorney in Patricia Cipriani. Her background and reputation may be saving Hauser a bundle in legal settlements. Don’t count on luck forever Jeffrey, your house is reported to be a mess and it needs a thorough cleaning.

Anyone dealing with Capital Management Services, Buffalo, NY be warned to take precautions, NEVER give a  collector your banking or credit card information, tape ALL of their conversations and contact me for referral to attorneys. As long as they are making money, they will continue to pay off their law suits.

http://budhibbs.com/debtcollectorpages/capital_management_services.htm

Here is a good example of a "drop dead" letter. Send it VIA certified mail and request a return receipt:

Date

Your Name
Mailing Address
Your City, State, Zip

Re: Notice to Cease Contact Regarding Debt for ______________________

Name of Collection Agency
Mailing Address
City, State, Zip

I am notifying you in writing that your agency has contacted me regarding a debt for [name of person who collector is contacting you about]. No one by that name lives at my address or phone number.

Therefore, I am requesting that you cease all communication to my phone number regarding this person's debt. If you persist in believing that [name of person] is somehow connected with my address and/or phone number, please provide proof of your claim.

You should direct all future correspondence in writing as outlined in the Fair Debt Collection Practices Act (FDCPA) and to cease all communication with me by telephone.

Lastly, I would like to receive confirmation in writing that you have received this letter and will no longer be contacting me about this other person's debt, or I will be forced to seek further legal action.

I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].


Sincerely,

_______________
(Signature)


Your Name

Here is the link to the above letter:

http://www.privacyrights.org/Letters/debt6.htm

Also see notes under:

https://800notes.com/Phone.aspx/1-866-454-0588
https://800notes.com/Phone.aspx/1-716-871-9050
https://800notes.com/Phone.aspx/1-716-566-2630

Excellent advice.  I was able to find a gentleman to help me....said his direct extension is 5756 if this helps anyone else!

I get calls a few times a day, no messages, and when I answer there's no one there. Really getting to be a pain.

sidenote: this a company phone, not a personal line.

Mainly calling from 8:30 - 9:30 a.m. Never answer, just hang up, because when I have answered in the past no one was there. Sometimes call sporadically during the day.

THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS

HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU

READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE

You can also post your questions here http://www.collectorsexposed.com/forum/   NEW URL!    

These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx

Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm    
    
Statute of Limitations by State – always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm

Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.

What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
    use threats of violence or harm;
    publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
    use obscene or profane language; or
    repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
    falsely claim that they are attorneys or government representatives;
    falsely claim that you have committed a crime;
    falsely represent that they operate or work for a credit reporting company;
    misrepresent the amount you owe;
    indicate that papers they send you are legal forms if they aren’t; or
    indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:
    you will be arrested if you don’t pay your debt;
    they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
    legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:
    give false credit information about you to anyone, including a credit reporting company;
    send you anything that looks like an official document from a court or government agency if it isn’t; or
    use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
    try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
    deposit a post-dated check early;
    take or threaten to take your property unless it can be done legally; or
    contact you by postcard.

Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
    Social Security Benefits
    Supplemental Security Income (SSI) Benefits
    Veterans’ Benefits
    Civil Service and Federal Retirement and Disability Benefits
    Service Members’ Pay
    Military Annuities and Survivors’ Benefits
    Student Assistance
    Railroad Retirement Benefits
    Merchant Seamen Wages
    Longshoremen’s and Harbor Workers’ Death and Disability Benefits
    Foreign Service Retirement and Disability Benefits
    Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
    Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009

File complaints with

Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY – use this SPECIAL Link  www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE’S CRACKING DOWN AND SHUTTING THEM DOWN!
    
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0

I have been receiving numerous phone calls from1-800-390-4735.  They call at all times either early in the morning prior to 8 am or as late as 10 pm.  They are calling on my cell phone and using my minutes.  I have been threatened and have harrassed concerning garnishing my wages.  I am annoyed with this agency and want it to STOP!! Any advice on how to stop these calls?  Please let me know

If they are calling prior to 8AM and after 9PM (local time), they are breaking the law:

805.  Communication in connection with debt collection   [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY.  Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location...

http://www.fair-debt-collection.com/rules/fair-debt-collection-act.html#805

Also, they are breaking the law, if they are threatening you with legal action which is unlawful or they don't intend to take:

807.  False or misleading representations  [15 USC 1962e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

http://www.fair-debt-collection.com/rules/fair-debt-collection-act.html#807

Report them to the FTC: https://www.ftccomplaintassistant.gov/

For more information regarding your consumer rights under the FDCPA, go to:

http://www.fair-debt-collection.com/

OOPS...Name of the company should have read Capital Management.

Fortunately for me I have the ability to foward or screen out phone numbers. I have fowarded these annoying [***] to a phone sex line. After a few weeks I just change and foward them to another debt collection agency.  I change which one gets the calls by who calls the most. I figure they are all a bunch of annoying [***] so they can annoy each other. lol

Excellent! Bwaa-ha-ha-ha-ha-ha.

Called, left no message.