866-345-4590

Tina, I am sorry to hear about your difficulties. I do not work for Kingman, I do,however, have friends that work there. Please go to their site, fill out the escalation team complaint form (http://www.kingmancoleandassociates.com/forms.html) and it will bypass the collector and get to a team that can help you. Most collection agencies or companies that have collection division do not give out their physical location for safety reasons. As these boards will attest it is an emotion charged atmosphere and physical confrontation is the last thing anybody needs.
Just as a matter of note, even if every complaint listed on this board were accurate it would still account for less than one-tenth of one percent of the accounts handled in one month. It is an unfortunate part of this business that you can't make everybody happy. I myself had a delinquent account in the past and it was embarrassing as hell when they called my work and my family trying to get in touch with me and this is well within the FDCPA. I worked out a payment arrangement and put it behind me. You want to something really scary. Take a look at any credit card contract you have right now and calculate the amount of interest you would accrue if you max it out and let it sit for 3 years. Most of the cards jump to a higher interest rate after you are late and sock you with ridiculous charges. It adds up at an alarming rate. That is why it is best to try to work something out before these things go into default. Most of the majors will take as little as $5 per month and some may even suspend a portion of the interest as long as the agreed amount keeps coming.
Anyway,I am sorry you feel you were treated unfairly. Please let me know if you tried the escalation form or if you just jumped on here and started bashing. It amazes me that people would rather run screaming through the internet as opposed to coming to a mutually beneficial arrangement with the only people that can actually solve your problem.
Have a great day everybody and as always....read the fine print..

Tina -- do not believe a word posted by "Contact at Kingman"......the "person" posting the message also posted all the other lame defenses of the kingmanfraud scam in this message thread....you have every right to be irritated with these thieves...contact the FTC and your attorney general about this!

I was contacted by my mother today. She was very upset because she was told by this company that a summons would be issued if I did not clear this up today.  I called Kingman and Cole and have been talking with a very nice woman by the name of Elizabeth Parker. She claims to be a mediator with this firm. The supposed debt is six years old and appears to be fraudulent. We're searching our records and she is researching the case and seems to have our best interest at heart. Our records show no such loan and our annual credit reports have turned up nothing. We have excellent credit and just purchased another home two years ago. We are absolutely certain that this is not our debt. At this point I am just hesitant that this may be some sort of scam. I have not provided any personal information to her, but she seems to already have quite a bit of my personal information. She will be calling me back later this afternoon. Is there any way to verify that this company is legit??

You must be an attorney looking for easy money. I agree that people need to pay their debts and be responsible, but the tactics and attitudes are similar to leeches.

Zino, I have posted exactly three times on this site. I have tried to maintain an intelliegent exchange even though you have yet to do the same. I honestly thought I might be able to help. You call me names and acuse an entire company of being thieves. This is a pretty broad stroke. That is the equivelant of me calling everyone on here a bunch of deadbeat scumbags that are ruining our country. I would never do that. The comapany is legit. Every time a collector calls someone Zino assumes the FDCPA has been violated. That is a also a stretch. I have yet to hear anything from Zino that will move anyone toward a solution. What is the harm in trying to work through the channels that are clearly defined on the website. Do you really thing the methods you were using before had any effect what-so-ever? You are more than welcome and have every right to contact a regulating agency. If red tape and a snails pace are what you are looking for then have at it. If you wish to speak to an intelligent professional that is capable of resolving your issues then fill out the form...or you can hang with Zino?...and we all see how well thought out and presented his plan is. I know Zino...I am a dirtbag,liar and thief...Anything else? I do know what I am and what my intentions are. I have nothing to gain by telling you to attempt to contact management for a resolution. I only know that I met several members of the Kingman team at a walk for charity and they have become friends. We work out at the same gym. You claim they dwell in smokefilled rooms with drugs and guns on the desk. That is comical. I am going to tell their web guy to put some pics up to quell some of the conspiracy theorists. You guys crack me up. And Zino, it isn't personal. You are attacking a legit company that may have had a couple bad seeds. I know for a fact they are constantly trying to improve. Can you say the same or are you going to just keep throwing 2 sentence attack messages that do nothing to solve anyones problems. If you would like to do something constructive with your time try calculating the interest on one of your credit cards, don't forget to add late fees, over the limit fees, and use the default interest rate that is typically 25-30 percent. You want to be angry at someone be angry at the CC Companies that basically legitimize laonsharking so we can all have the latest flat screen TV.. Enough of your time, Have a great day folks and if there is anything I can do to help, please don't hesitate. Take care

It's a scam. Check out these news reports and Bud Hibbs' background information:

http://www.swtimes.com/articles/2008/07/11/news/news01.txt
http://www.4029tv.com/news/16846787/detail.html
http://budhibbs.com/debtcollectorpages/marshall_ziolkowski.htm

It's a scam. Check out these news reports and Bud Hibbs' background information regarding Kingman Cole/Marshall & Ziolkowski:

http://www.swtimes.com/articles/2008/07/11/news/news01.txt
http://www.4029tv.com/news/16846787/detail.html
http://budhibbs.com/debtcollectorpages/marshall_ziolkowski.htm

these guys are evil !!! they have been calling me nonstop telling my family that a sheriff will be sent to my and and threatened to put me in jail if i didnt pay them in full by noon the following day.i explained to the them that whatever bill they were talking about is not on credit report. they have threatened my sister,called her a scumbag and told her they were going to put her in jail for being uncooperative.now they have just screwed my credit score up by putting there old company name into my credit report.these guys have to be stopped!!!!

Kingman, Cole and Associates
NOT a law firm!
aka/ Marshall and  Ziokowski Enterprise, LLC
(Aka/MAZE)
ADDRESSES              
1416 Sweethome Road, Suites 1-4
Amherst, NY 14228
6558 4th Section Rd  #321
Brockport, NY 14420
(UPS Store)

4600 Main Street, #200
Amherst, NY 14226
 
1682 North Forest Road
Williamsville, NY 14221

Consumer Alert!

The judgments against Marshall & Ziolkowski are piling up; now word reaches us they changed their name to avoid paying judgments in excess of $150 K.

You should save your money, these con men may not last.  Don’t buy their lies and scam, they may be joining the LONG list of Buffalo collectors sued into insolvency.

PHONES

866-345-4590
716-689-4269
Fax: 716-635-6192
         
800-690-6293
866-236-4190                
716-635-6190
716-635-6187                
716-635-6180
716-635-6181                
716-635-6182
716-635-6183                
716-635-6184  

We warned you MAZE is a Scam.  Don't send them any money.  They will only use it to pay their judgment or open a business under another name.

They claim to be a law firm, but they are not...

Email: marshall_ziolkowski@yahoo.com

Head Debt Collectors:    
Keith Marshall        
Richard Ziolkowski

Apparently owners Keith Marshall and Richard Ziolkowski have earned their law degrees.  Funny -- the New York State Bar does not show any law office in NY called Marshall and Ziolkowski, Attorneys at Law.

Kingman and Cole violate  the FDCPA so many times in one call you could walk out of court with the titles to their Mercedes and pay off the debts you actually owe.

Collecting on time barred debts is common with these slimy future prison inmates, they lie about everything, have no clue of the law, and don’t care.

http://www.budhibbs.com/debtcollectorpages/marshall_ziolkowski.htm

As ec has stated time AND time again, Kingman Cole are scam artists, violating multiple statutes of the FDCPA by:

1)Threatening arrest and misrpresenting themselves as attorneys and law enforcement officers (807)

§ 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:

(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

(2) The false representation of --

(A) the character, amount, or legal status of any debt; or

(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

(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.

(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --

(A) lose any claim or defense to payment of the debt; or

(B) become subject to any practice prohibited by this title.

(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.

(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.

(13) The false representation or implication that documents are legal process.

(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.

(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.

(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.

2) Refusing to send validation of the alledged debt they are calling about (809):

§ 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.

3) Harassment and Abuse (806):

806.  Harassment or abuse  [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

4) Disscusing the alledged debt with a third party (805):

§ 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;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES.  Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

http://www.creditinfocenter.com/legal/FDCPA.shtml#807

And, Powdere--

By putting a derogoratory remark on your credit report without validating that the alledged debt is legitimate, they have violated the FCRA
(Fair Credit Reporting Act):

The Right to Validate Your Debt

Under the FDCPA, you are allowed to validate this debt, and the creditor (in this case, the collection agency) must show you proof that you owe the debt to the collection agency (not to the original creditor.)

The specific section of the FDCPA:

FDCPA Section 809. Validation of debts [15 USC 1692g]
(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.

Plus, they must show proof positive that you owe them this debt. It's not enough to send you a computer-generated printout of the debt. There is an opinion letter from the FTC to back this up:

http://www.ftc.gov/os/statutes/fdcpa/letters/wollman.htm

Nor can they ask you to pay for digging up records of your debt:

http://www.ftc.gov/os/statutes/fdcpa/letters/krisor2.htm

So, if a creditor can't verify a debt:

They are not allowed to collect the debt,
They are not allowed to contact you about the debt, and
They are also not allowed to report it under the Fair Credit Reporting Act (FCRA). Doing so is a violation of the FCRA, and the FCRA states that you can sue for $1,000 in damages for any violation of the Act.

The opinion letter from the FTC which clearly spells out that a collection agency CANNOT report a debt to the credit bureaus which has not been validated:

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm

It also states that you can sue in federal or state court. So if you have them on a violation, then you have damages of $1,000 for the incident plus damages. Small claims court, anyone?

http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Regardless...they don't have a license to operate in Florida and the bill has been paid so go screw yourself.

I just settled a debt with kingman cole that I've needed to pay for a while.  I used to be like you guys, saying that the creditors are evil and what not but come on...you're the ones that have racked up debt you couldn't pay just like me.  They were super helpful and settled for a fraction of what I should have paid.  I'm thanking my lucky stars.  No offense but grow up.

I have had to deal with debt collectors before and the legit ones are friendly and most helpful AND will help you to make payment arrangements.  The phone call I received from Kingman, Cole and Assoc. was not friendly and when I tried to set up a payment arrangement they were less than helpful and told me how much I had to pay before I could tell them my income.  They would not listen nor would they answer questions when asked, the same questions that I have asked real debt collectors and they are always answered.  I am on a fixed income and have to set up my payments based on my income, I do not try to "get out" of paying my debts...I just need a little longer to pay.  These people are rude, insulting and frankly a little scary! In this world of identity theft it is prudent to want verification before handing over bank account numbers and SSNs, which in the dealings with real debt collectors they never ask for this information over the phone.  And another thing, the debt collectors I have had to deal with in the past have never once threatened me with jail or that my property would be taken from me...

I received yet again another phone call from Kingman, Cole and Associates.  They left a voice mail (which I saved) saying that a sheriff would be coming to my home to serve papers and I needed to let them know if there were any firearms in our home (I hate guns).  I called them back back and spoke with a Mr. James Johnson (which I have recorded on my digital voice recorder).  I am not denying that I owe creditors but what do I do about these people?  Can anyone offer some advice?  I am not working and am a full-time college student.

It is against federal law for a debt collector to make any false threats -- that includes bogus threats of dispatching a sheriff to your home. As a result, you probably already have standing to file suit against them under the provisions of the Fair Debt Collection Practices Act.  (I'm confident that a consumer law professional would agree.)  So, in my opinion, you already have the upper hand in this matter.

Before having any further communication crooked debt collectors, you may want to go to the following website and brush up on your rights: http://www.budhibbs.com/First.htm  Bud Hibbs' website offers a treasure trove of valuable information and advice on dealing with both legitimate debt collectors and grifters posing as debt collectors.

Bud also has an extensive file on the gang behind the Kingman Cole/Marshall Ziolkowski operations, and he offers plenty of advice on dealing with them:
http://www.budhibbs.com/debtcollectorpages/marshall_ziolkowski.htm

Should you want to consult an attorney who specializes in such matters, check out the National Association of Consumer Advocates at www.naca.net  They offer a free attorney referral service. Many consumer law professionals offer free initial consultations, and many, should you sue, are paid on contingency.

Congress wrote the Fair Debt Collection Practices specifically to protect consumers from crooked debt collectors.  So keep in mind that the law is on your side.

Hope this helps.

" Attorney Bob Grassi" called and proceeded to tell my 14 yr.old son that, in so many words, that he was a liar, your mother is home, a sheriff is on the way to your house with a warrant to arrest me etc. All this to a child. Unreal! Wanted to know who a certian person was, was it his dad.....he said no its my grandpa. OMG warn your friends, they question your kids and scare them into a panic. This is ridiculous. I dont even know what they wanted. When I called back it was the same thing. I asked what the debt was from. A credit card I did not reconize. I asked for copies of the signatures, of course that will take 6 months for me to get. I will pay for what  I owe, but not what someone else owes. Time to do a credit report check.

it is also time to call the police and file a complaint.

my daughter in law received a call from a mrs jones trying to get my number, she would not let them haveit  but took their number and gave it to me they told her it was about a court case. so i called them back and she was out so i left my name and number the next morning they called my husbands work and told him i owed wal mart 4000.00 and they were taking me to court for this  they said they would get me for stealing and lots of other things my husband said that when he got home he would discuss it with me so whem he got home he told me what mr preston had told him ,well i got a call from mr preston within afew minutes and acussed my husband of lying to him , i told him i didnt owe wal mart and wasnt paying it he said i was due in court on dec 29th  and asked if i needed to know how to get to the court house to room 105  i told him no  i knew how to get there , my husband got on the phone and was telling him we had not received a court summons so we would not be there , he told my husband i was a liar and that i owed the bill  my husband told me he clled you a liar well mr preston hung up so i called backed and talked to a mrs jones  i told her what  had happened she said  maybe i was victim of id theift and that i would have to pay it anyway  so thats when it hit me this is a scam so i ask her well can i pay 60.00 a month she said  no i asked how bout 100.00 a month i heard her whisper  shes offering a 100.00 amonth well mr preston got back on and it was on again he said no to all my offers which i knew he would and said he could take 2250.00  i said i dont have that much  he said well i can take 1200.00 i again said i dont have it  he said ill make you one more offer 600.00 and he would take a post dated check for the 29th of dec , i told him i didnt have it so i ask him how do i know this is not a scam no answer to that , so he said he would put a lein on my house  he would garnish my wages and my husbands wages  little did he know i no longer worked where he said i did so i said well what ever. he said he would see me monday in court and hung up. so my other daughter inlaw had worked for a lawyer called the number i had and called it got  the name of klingman and cole  looked it on the internet  and i was right a scam . im waiting for them to call me back  oh what a shock it will be so thats my story  there has to be a way to stop these crooks

It's not true that they only harass debtors.  My wife was reduced to tears today when she was told that I was going to get a subpoena to court and go to jail if I didn't pay a debt.  Turns out they were after someone with the same first and last name, but different middle initial and name.  They have these datamining techniques that cast a very wide net and they don't care who they talk to.  I can imagine that their technique might be very successful if they threatened an old widow who might cough up to pay an alleged debt of her husband.

You're not their customer, you're their victim.

no they actually sue based on what my sister got ---but wasnt through the sheffis office it was some sort of serive company ---they got there judgmnt and i recieved not 1 notice from these prople they sue who they want so it appears, i have no assetts anyway--