888-579-8904

Alan Atratta calls me regarding a matter for someone else but states that both this other person and myself are being investigated for legal fraud.  I am being investigated also because my name appears on the contract but I never signed or borrowed anything.  I told him I was going to report him the first time he contacted me and this is the second call.

They call all the time my work my home at all ours..I don't even owe the debt they say I have an lawyer and he filed in court to have them stop and they still keep calling here is my lawers number

Peter Cozmyk
Attorney at Law
Krohn & Moss, Ltd
3 Summit Park Drive
Suite 140
Independence, Ohio 44131

Wyoming and Florida AGs are trying to stop them but can't pin point an exact real address just PO box numbers good luck to all.

I have also rec'd calls from Joseph.  Same thing, threats and contacting my relatives claiming to have their social security numbers or checks written on joint acct's w/ them that don't exist.  When I called the company and asked for the address and told them I was reporting them to the FTC, my State Attorney General & the DA's of both my county & the county they claim to be in they hung up on me and haven't called back.  It's a scam, don't give them anthing and report them immediately to the FTC & your local attorney general.  It is illegal for a legitimate collection agency to threaten, give false information or pass themselves off as officers of the court. When you fight back, this stops.

Granto is absolutely Rick.  You cannot be arrested by a Collection Agency.  They cannot threaten you w/ this kind of situation.  These people are the scum of the earth and until everyone that gets called by them fights back they will stay in business.

he called my job pretending to be from the irs. then when he got transferred to me he said he was an attorney. he then stated that he didnt want to hear sh** from me all he want is his goddam money. aftter i told him that conversations from my job are being recorded he then continued to call my cell phone over and over and over again.  he said he would send people to my job to post flyers all over with my picture and my drivers license and posted it all over my job. he then stated he will have me arrested for fraud. also, that he will call hr department and tell them im wanted for check fraud. he told me in these exact words that he will get me fired today. i told him to stop calling me and he just continued to curse me out and called me obscene names. his name is paul martinez. and he is not an attorney. none of them are.

Mr. Garcia has called work twice in the last two weeks and left harrassing messages, a case numebr, says he is faxing my employer tomorrow....fraud, I am goning to be arrested, that he has talked with Mr. Davis in the legal department (of a bank I am no longer with), etc. He claims I owe $200, last week it was $175. Which is it?  He barely speaks English and must be working with scumbag Paul Martinez, who called me about a year ago. I paid original creditor, not these guys. They need to correct their records. Now I just laugh as I have saved his voice mail recordings. Hilarious! They must think I'm an idiot!

I have Lisa calling me. I possibly due owe the company I am not sure but I do not want to pay someone that is going to talk to me like that or if it is a scam and it is not the right person. Does anyone know. Is this legit or what?

Capital Collections LLC
Interlink 503
P.O Box 669435
Miami FL, 33166
Phone: 1-888-579-8904
Fax: 1-877-233-0367
http://www.capcollections.com/

Send them this letter VIA certified mail with return receipt requested DEMANDING validation of this alledged debt. Keep copies of everything. Per the FDCPA they have five days to respond:

Today's Date

Your Name
Your Address

Capital Collections LLC
Interlink 503
P.O Box 669435
Miami FL, 33166

VIA CERTIFIED MAIL

Dear {insert name of collector or company},

I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(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.

I respectfully request that you provide me with the following information:

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in (insert name of your state).

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

Because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
you cannot add interest or fees except those allowed by the original contract or state law.

You do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA.

Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

Signature here
Your Printed Name

http://www.fair-debt-collection.com/Disputing ... ute-letter.html

If they are a legitimate collection agency, they will respond to your request for debt validation with the proper documents. If they refuse and continue to harass you for payment, you can sue them for statuatory damages.

Go here to find out more about your consumer rights under the FDCPA:

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

Ok today she called my work and said she did not receive my money order and that I cannot pay by money order so I am out 50.00 also called me a jacka** on my voicemail. Called my work and said she was through with me. WTF

call from jerry garcia says he is fraud investigator re check. was written to payday loan told hime its in bankruptcy says my husband will be arrested.

Harrasing calls from Jerry Garcia for months. Capital Collections should be shut down ASAP. Terrible way to try to do business. If they get you fired, or put in jail, you really won't be able to pay them then. How stupid. I will pray for them all, nonetheless. What a terrible job to have. " What do you do for a living?" " Oh I harrass people, and try to make their life miserable like mine". How sad. Stop the madness. They should be very careful, that one last call for the 100th time could make someone go off the deep end. Do you really want to have someone's life on your conscience over a few hundred bucks? Think about it.

I had been getting very nasty messages from a couple of different people at capital collections. After a long time of trying to get something done because of their violations of the FDCPA (BBB, Attorney General office, FTC- no responses), attorneys that I contacted advised me they could not bring cases against this company because they have a history of not responding to legal claims brought against them. They acknowledged that the company appears to be violating my consumer rights but said that because they shift their location, change phone providers frequently and will refuse to provide information on their physical location, this is what makes it hard for action to be taken against them.
I was getting very nasty threats on my job and in the end to avoid them sending something to my job (even though it is illegal for them to do so, but they have no concerns about that) I started making arrangements with them. When I made a small payment to them it showed up as an international transaction, so I am thinking maybe this is why nobody can get any action taken against them, and because this company knows that, they do not care about violating the FDCPA. I wish there was something that can be done about this company, I have tried everything I could think of, but these people have no regard for the law, and do not show any respect or courtesy, but instead are way beyond rude and threatening. I cannot even begin to comprehend how anyone who works there can live with themselves given what they do on a daily basis. If anyone has had any luck bringing action against these people please post on here. Thanks

False Statements and Fraudulent Debt Collection Practices

A federal statute known as the Fair Debt Collection Practices Act (often called the "FDCPA"),  15 USC 1692, gives you specific legal rights to sue debt collectors who unlawfully threaten, berate, intimidate or harass you; call you during odd hours, make false representations about the debt or their intentions, or otherwise act in ways proscribed by the act (and their are many). False statements may include (and this list is just a small example) threats to:

Attach your wages when unlawful or not intended-this includes threats to take more wages that is permitted by the federal limitation (wage attachment for a credit card debt, a non-student loan or for an obligation that is not support is generally illegal in Pennsylvania, however, now that law has been expanded to rent and lease damages in some cases-you should check the statute to be sure);

Contact your employer about the debt;

Call you "everyday until the debt is paid;"

Sell the debt to another company for the purposes of continuing collection on a time-barred debt;

Contact neighbors about the debt;

Contact the Department of Homeland Security about your alien status;

Threaten imprisonment or criminal punishment;

Report a financed vehicle as "stolen" because you missed one or more vehicle payments;

File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you;

Immediately evict (by an agent for a landlord); lockout, or seize personal property where such relief is limited by state law;

Sue, where no suit is intended, e.g. a collector requested "settlement prior to possible legal action" where the collection agency had no authority to sue, or to retain counsel. This action was held to be deceptive and violative of the FDCPA by a federal court in Connecticut.
Or, a threat implying that the collection agency has multiple employees or investigators working to collect the debt, where only one or two people work for the agency.

Collect or sue for "collection costs," "attorney's fees," (see also below) interest not pre-agreed to in excess of that allowed by statute, "fines," or any other fee in excess of the actual amount due, unless the original agreement provides for the amount the collector threatens to collect. For instance, the collector cannot threaten to add attorney's fees or his fees where the agreement you signed does not specifically provide for them. Let's say you went to the dentist and just signed consent form and a medical history. You agreed to pay for all charges if your insurance did not. Nothing is mentioned about anything else. The collector cannot add any other fees or even and especially, his costs, late fees or other charges.
Add "collection costs, attorney's fees" and similar additional charges have also been held to be deceptive and misleading, because they do not state exactly what debt is being sought.

Sue or bring any kind of legal action where the threat is not followed through (i.e. a scare tactic), or any number or other threats designed to demoralize, humiliate, degrade; embarrass or intimidate a debtor into payment.

Or any threat where the collector says he is legal counsel or an attorney/lawyer when he is not;

Or a threat or attempt to mislead a debtor that a claim will be transferred to an attorney or separate department of a collector (e.g. "This will be transferred to our legal department for further action"). Letters misrepresenting that the account has been transferred to an attorney may include an attorney's letterhead with threats of legal action. Have you ever received a letter from a lawyer who purportedly collects for a major creditor? Has the lawyer been out-of-state? Has the lawyer threatened to sue if payment was not made?

Other Little-Known Tactics that are also illegal:

It is unlawful under the FDCPA to threaten suit if no such action is intended.  This even applies if the collector says if you don't do something within a certain time period, something else may happen.  See discussion below in the case of Brown v. CSC.  The attorney cannot sue you in a state that is not your home state, under the FDCPA. Therefore, the threat is an empty one. Empty threats are punishable under the FDCPA!

Legal letters that are not reviewed by a lawyer. It is unlawful for such a letter to be sent unless the lawyer reviews the letter? Do you believe that when thousands of letters issue the lawyer reviews each one? Do you also believe in the tooth fairy? Where the correspondence is not reviewed by counsel, the correspondence violates the FDCPA. Look at the letters you receive from lawyers. Were they signed by hand? If not, perhaps they were not reviewed by a lawyer. You may have a case under the FDCPA.

The collector's threat to "make this go legal" or to "turn the matter over to the legal department" may violate the FDCPA where the collector has no legal department. Do you think that the collector may be a collection operation only? If so, perhaps they have no legal department, i.e., the legal aspect is handled outside of the company. In this scenario is another violation of the FDCPA.

It is also a violation to send a letter stating that the collector will "recommend litigation" or "advise the creditor to sue." Some of such correspondence has been found to violate the FDCPA because it, in essence purports to give legal advice to the creditor. The collector is not permitted to give legal advice, unless, of course, if the collector is an attorney himself.

The Least Sophisticated Consumer Standard: Did you also know that it does not matter if you believed the threats or that a person of your intelligence would not have believed the threats (i.e. the collector threatens to have you arrested for not paying Sears. You as an intelligent consumer believe the threat is ridiculous since the U.S. Constitution prohibits such actions). The FDCPA's standard is the "least sophisticated consumer standard." That is, would anyone believe the threat. Perhaps some guy name Cletus living in a shack on a mountain in Arkansas might believe the threat (he also believes he had an alien enema that morning). This would be enough to sustain the standard and your burden of proof if the court believes that the threat occurred. The courts have consistently said: The concept of deception protects even the ignorant, unthinking and the credulous, least sophisticated consumer. See discussion below and Jeter v. Credit Bureau, Inc., 760 F.2d 1168 (11th Cir. 1985).

It is also unlawful to sue a consumer in a remote jurisdiction that is not where the consumer resides, or the one in which the contract was made. It is also unlawful to charge for items not due under the contract.

http://www.pennlawyer.com/fdcpa.htm

Ha-- You're full of it.  You can not be arrested for not repaying a loan. This obviously is from the crazy scam of a collection agency. Don't anyone believe what Granto is saying--they can't do that do you.

Granto,
It's not nice to call yourself and/or that of fellow employees bad names. Nor is it nice, not to mention legal, to call other people names. You are part of the slime beneath the snakes, lower than the slime below snakes, that call yourself bill collectors.  And, you can't even freakin' speak English. Go back to the country you came from.

hi, if you don't mind my asking, which attorney did you contact and did they take your case? my mother is going through the same thing and i have contacted several attorneys who seem very interested initially then drop the case. wondering if it is too difficult or not profitable for them to take the case. we don't care about a payoff, just want the harassing to stop.

thanks!
jamie

I would like ya to know that this man calls my phone for a debt of my ex husband and has called me a [***] red neck and conrtinues to harass me on a consent basis

You are sooooo full of it. I am a paralegal and th scenaio you a presenting is not possible. Also you say you went to "prison" for 3 weeks. Prison is for people who are arraigned/convicted and setenced to AT LEAST 366 days, one more tha the calenar year. ALL others in EVERY jurisdiction go to county or local jails IFthere was a cause of action. IF you get these calls file a compliant with the FCC immediately. I have had one of them call for mt mother and gave me her info. This iself is a violation and she will be compensated $1000 for this. They even gave me her ss number! Also they clam they are a "legal" company. I asked t speak to an actual attorney and a "paul Martinez". He states he is an attorney. I asked him where he was licensed at and for his bar number. He tells me he is licensed in Florida but says he is not giving me his bar number because it is like giving his ocial security number. That is so false and a REAL atty knows that. It is of public record any and all ba numbers and MR Martinez is NOT licensed in the state of florida or any other for that matter. Now he is being investigated by the state bar of florida. HAHA HAVE FUN IN PRISON. AND the person I am responding to is full of BS and probably works for them. They can take you to small claims court for a legitimate debt but not arrest you.  DO NOT GIVE THEM ANYMONEY.     GRANTO IS AN IMPOSTER!!!!!!!!!!!!!!

This is what they sent me.   I don't even owe anything.   So, what's the real deal?  Has anyone else received anything like this???


As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to one or more credit reporting agencies if you fail to fulfill the terms of your credit obligations.

CC// Equifax – TransUnion – Experian.

This letter is to confirm that Capital Collections LLC, acting as authorized agent of Cash Advance will accept $400.00 as full and final settlement on the aforementioned account. This payment must be paid as follow:

We do accept payments with:

Debit/Credit cards

with Western Union Quick Collect (white and blue form)

Payable to: Capital Collections LLC

Code City: ECHECK

State: MS

Account Number:  

Western Union Quick Collect by phone (with your credit card) 1-800-634-3422.

Western Union Quick online (with your credit card) click HERE. (then Select Capital Collections LLC from “other billers” industry drop down menu)



Payment of this amount will constitute full and final payment of all monies owed and relieves any further liability. No further derogatory credit reporting is appropriate and will not be exercised once payment is made. This arrangement become null and void if any part of THIS AGREEMENT IS NOT HONORED.



If you don’t call back in the next 48 hours we will take this delinquent account as Refusing to pay the loan back to our client and this file will be forward to your Local Police Department and the District Attorney Office.

Regards,



Johnny Perez

Capital Collections Legal Department

Phone: (888)579-8904 Ext.: 101

______________________________________________________________________

CRC 503
       PO BOX 02-5635
      Miami FL, 33102
Phone: (888)579-8904 Ext.:101/ Fax: 866-947-2565 Email: jperez@capcollections.com

I received an e-mail from Capital Corporation, LLC, a Mr. Johnny Perez, I truly believe that they are all the same person just changed their names, Anyway, I have reserved an attorney and filed a class action sue against these people. First you can NOT go to jail for a debt owed, and secondly they are going against the all the laws of the FDCPA, really. And third let your attorny do the talking for you if these people constantly call you, tell them to call you attorney and that you will be filing a class action sue against them. Hell, give them you attorney's name. That may stop them from calling you. And as far as Granto is concerned he probably works for them and is one of those representatives who calls you all the time. If he served time it wasn't for this, and the only way your pay can be ganished is by law, and thats either the IRS, or child support and a court order has to be establish for that. That's the only garnishments there maybe. Your employer will not just garnish your wages because a fradulent company such as Capital Corp tells them too. Come on.  God Bless you all and be aware of this kind of scam, Even if you owe they don't have the right.