Understanding collectors’ true legal authority helps you identify false threats. Capstone Financial Management can pursue legal remedies, but only through proper channels.
Wage Garnishment Reality
They cannot garnish your wages without first filing a lawsuit, winning a judgment, and obtaining a garnishment order from the court. Federal student loans represent the only exception—they can be garnished administratively without court involvement. Any threat of immediate wage garnishment without mentioning lawsuits or court orders violates the FDCPA.
Learn more in can a collection agency threaten to garnish your wages.
Lawsuit Limitations
They can sue you, but significant limitations apply. The statute of limitations (typically 3-10 years depending on your state and debt type) must not have expired. They must prove you actually owe the debt and file the lawsuit in the proper jurisdiction. Many collection lawsuits fail because collectors lack proper documentation.
If served with a lawsuit, respond within the deadline (usually 20-30 days). Failing to respond results in automatic default judgment, allowing wage garnishment and bank levies.
Filing Complaints and Taking Legal Action
You have multiple avenues to hold Capstone Financial accountable for violations. Each serves a different purpose in protecting your rights.
Regulatory Complaints
File complaints with the Federal Trade Commission at ftc.gov/complaint or call 1-877-382-4357. Contact your state attorney general’s consumer protection division. Submit complaints to the Better Business Bureau documenting their practices.
These complaints create official records and may trigger investigations, though they don’t provide direct compensation to you.
FDCPA Lawsuits
If Capstone Financial violated the FDCPA, you can sue them in federal court for statutory damages up to $1,000 per lawsuit (regardless of actual harm), actual damages for emotional distress, lost wages, or financial harm, and attorney’s fees and court costs paid by the collector.
Most consumer protection attorneys work on contingency, meaning you pay nothing unless you win. This eliminates financial barriers to holding collectors accountable.
For related information, see LTD Financial Services debt collection harassment.
Common Questions About Capstone Financial
How do I verify Capstone Financial is legitimate and not a scammer?
Capstone Financial Management is a real collection agency, not a scam. However, verify any debt they claim you owe by requesting written validation. Never provide personal information like Social Security numbers or bank details until you’ve confirmed the debt is yours. Scammers often impersonate legitimate collectors.
Should I just ignore their calls completely?
Ignoring calls won’t make valid debts disappear and may lead to lawsuits. Instead, send a written cease-and-desist letter to stop contact legally. For debts you don’t recognize, dispute them in writing and demand validation. Taking action puts you in control rather than hoping they’ll give up.
What if they’re calling about a debt that isn’t mine?
Immediately send a debt validation letter stating you dispute the debt and requesting proof. Do not acknowledge ownership or make payments. The debt may belong to someone with a similar name, be fraudulent, or result from identity theft. Making even partial payment can be interpreted as acknowledging the debt.
How many daily calls cross the line into harassment?
While the FDCPA doesn’t specify an exact number, courts have found 7-10+ calls per day excessive. The key factor is intent—are calls designed to annoy or harass? Even 3-4 calls daily combined with other violations (late-night calls, threats, profanity) may constitute harassment. Document all calls.
Can they contact me at my workplace?
They may initially call your workplace once or twice to locate you. However, if you tell them your employer prohibits such calls or the contact is inconvenient, they must stop immediately. Continued workplace contact after this notification violates the FDCPA and may cost you your job.
What happens after I send a cease-and-desist letter?
They can only contact you twice more: once to confirm they received your request and will stop, and once to notify you if they’re filing a lawsuit or taking specific legal action. Any other contact violates the FDCPA and strengthens your case for damages.
Will they really remove the debt from my credit if I settle?
Sometimes. “Pay for delete” arrangements aren’t guaranteed, and credit bureaus discourage them. Get any agreement in writing before payment. Even if they agree, the deletion may not happen. Settled accounts typically show as “paid collection” rather than being removed entirely, which still impacts your credit negatively.
How long can they legally pursue this debt?
The statute of limitations varies by state (typically 3-10 years) and starts from your last payment or acknowledgment. After it expires, they can still attempt collection, but cannot successfully sue you. Making a payment or acknowledging the debt can restart the clock. Never pay or acknowledge old debts without legal advice.
Can they have me arrested or press criminal charges?
Absolutely not. Consumer debt is a civil matter, not criminal. Threats of arrest, jail, or criminal prosecution are serious FDCPA violations. No one can be jailed for unpaid consumer debt in the United States. Document these threats immediately and report them—they significantly strengthen your harassment case.
Should I negotiate or just refuse to pay entirely?
This depends on whether the debt is valid and within the statute of limitations. For legitimate debts, negotiating a settlement (often 30-60% of the balance) can resolve the matter. For disputed, fraudulent, or time-barred debts, don’t pay anything. Consult an attorney before deciding—free consultations can clarify your best strategy.
The Wood Law Firm: Your Partner in Fighting Back
At The Wood Law Firm, we’ve spent over a decade holding abusive debt collectors accountable. We understand the emotional toll of constant harassment, threatening calls, and feeling powerless against aggressive collection tactics.
Our attorneys specialize in FDCPA cases and have successfully recovered damages for thousands of clients facing harassment from companies like Capstone Financial Management. We know their tactics, understand their vulnerabilities, and have the experience to build winning cases.
Why Choose Us
- Free Consultation: We’ll review your case at no cost and explain your options
- No Upfront Fees: We work on contingency—you pay nothing unless we win
- Fast Action: We can often stop harassment within 24-48 hours of taking your case
- Maximum Recovery: We fight for full statutory damages, actual damages, and attorney’s fees
- Nationwide Reach: Licensed attorneys and Of Counsel relationships across multiple states
Attorney Jeff Wood brings over 15 years of consumer protection experience. Admitted to practice in multiple federal courts, he’s built a reputation for aggressive advocacy and consistent results.
Don’t suffer in silence. Call 844-638-1122 today.
For more resources, visit why choose The Wood Law Firm.
Ready to Fight Back Against Capstone Financial?
You don’t have to endure harassment. Federal law protects you, and we can help you exercise those rights. Free consultation. No fees unless we win.
Stop the calls. Recover damages. Take back control.
Additional Resources
Learn about common FDCPA violations at top FDCPA violations and your rights.
For related cases, read Receivables Management Partners harassment and American Debt Management harassment.
Dealing with aggressive debt collectors from Capstone Financial Management? You’re not powerless. When collectors cross legal lines, calling repeatedly, threatening you with jail, or contacting your workplace, federal law gives you the right to fight back. This Atlanta-based collection agency has faced multiple lawsuits for FDCPA violations, and you could be entitled to up to $1,000 in damages plus attorney fees if they’ve harassed you.
Capstone Financial Management: Background and Reputation
Capstone Financial Management operates as a third-party debt collection agency from Atlanta, Georgia. Founded over 17 years ago, this company purchases debts from original creditors or works on commission to recover outstanding balances. They collect on various debt types, including medical bills, credit cards, student loans, utilities, and personal loans.
The Better Business Bureau listing reveals concerning patterns. Multiple consumers report aggressive tactics, misleading threats, and violations they believe crossed legal boundaries. Federal court records show the company has defended against numerous FDCPA lawsuits, including:
- Fabiene v. Capstone Financial Management (1:10-cv-00320-CAM)
- Banker v. Capstone Financial Management (8:14-cv-01432-EAK-TBM)
These cases highlight ongoing concerns about collection practices that consumers found invasive, threatening, or deceptive.
Understanding debt collection laws helps protect your rights. Learn more at The Wood Law Firm’s FDCPA resource center.
Why Capstone Financial Keeps Calling You
Capstone Financial contacts consumers for several reasons, not all of which are legitimate. Understanding why they’re calling helps you respond appropriately.
Legitimate Collection Attempts
They may have purchased your debt from an original creditor at a significant discount (often 5-15 cents per dollar) or been hired on commission to collect. Common debts include unpaid medical bills sent to collections, defaulted credit card accounts, student loans in collections, disconnected utility accounts, and unpaid phone bills.
Mistaken Identity and Errors
Collection agencies frequently contact the wrong person due to similar names, outdated information, or data errors. They might be calling about debts that are already paid, discharged in bankruptcy, beyond the statute of limitations, or legitimately belonging to someone else entirely.
Never acknowledge a debt or make payments until you’ve verified it’s yours through proper validation procedures.
Recognizing Illegal Collection Tactics
The Fair Debt Collection Practices Act prohibits specific behaviors. If Capstone Financial uses these tactics, you may have grounds for legal action:
- Time Violations: Calls before 8 a.m. or after 9 p.m. in your time zone
- Excessive Contact: Multiple calls per day designed to harass or annoy
- Abusive Language: Profanity, threats, or intimidation tactics
- False Threats: Claiming they’ll arrest you, garnish wages without court orders, or take legal action they don’t intend
- Third-Party Disclosure: Discussing your debt with family, friends, or coworkers
- Workplace Harassment: Calling your job after you’ve told them to stop
- Validation Failures: Not informing you of your dispute rights or refusing to provide debt verification
- Debt Inflation: Attempting to collect amounts exceeding what you legally owe
Document every violation with dates, times, witness names, and specific statements made. This evidence becomes crucial if you pursue legal action.
Learn about call frequency limits, in how many times a debt collection agency can call you per day.
Capstone’s Known Phone Numbers
If you’re receiving calls from these numbers, they likely originate from Capstone Financial Management:
- 877-553-7920
- 770-261-2150
The company may use additional unlisted numbers. Record all contact attempts regardless of the number displayed.
Immediate Steps to Stop the Harassment
Taking decisive action protects your rights and often stops harassment quickly. Follow these steps for maximum effectiveness.
Create a Documentation System
Start a harassment log immediately. Record call dates and exact times, caller names and employee IDs, phone numbers used, conversation summaries including threats or false statements, and names of anyone else who witnessed the calls. Save all voicemails, text messages, and written correspondence.
Demand Debt Validation
Within 30 days of first contact, send a debt validation letter via certified mail. This letter should state you dispute the debt, request written verification including the original creditor’s name and debt amount, demand proof they have authority to collect, and instruct them to cease collection until providing validation.
During the validation period, they cannot contact you or report to credit bureaus.
Send a Cease Communication Letter
If you want all contact to stop, send a cease-and-desist letter via certified mail. Once received, they can only contact you to confirm they’re stopping or notify you of specific legal actions like filing a lawsuit.
Set Communication Boundaries
You can specify how and when they may contact you. Request written communication only, prohibit workplace contact, or specify acceptable calling hours (within the 8 a.m. to 9 p.m. window). They must honor these requests.
Get Legal Representation
Contact The Wood Law Firm at 844-638-1122 for a free consultation. Consumer protection attorneys work on contingency—you pay nothing unless you win. An attorney can immediately halt collection attempts, investigate violations, file lawsuits when appropriate, and negotiate settlements on your behalf.
For similar cases, read Financial Business Consumer Solutions harassment.
Can They Actually Garnish Wages or Sue You?
Understanding collectors’ true legal authority helps you identify false threats. Capstone Financial Management can pursue legal remedies, but only through proper channels.
Wage Garnishment Reality
They cannot garnish your wages without first filing a lawsuit, winning a judgment, and obtaining a garnishment order from the court. Federal student loans represent the only exception—they can be garnished administratively without court involvement. Any threat of immediate wage garnishment without mentioning lawsuits or court orders violates the FDCPA.
Learn more in can a collection agency threaten to garnish your wages.
Lawsuit Limitations
They can sue you, but significant limitations apply. The statute of limitations (typically 3-10 years depending on your state and debt type) must not have expired. They must prove you actually owe the debt and file the lawsuit in the proper jurisdiction. Many collection lawsuits fail because collectors lack proper documentation.
If served with a lawsuit, respond within the deadline (usually 20-30 days). Failing to respond results in automatic default judgment, allowing wage garnishment and bank levies.
Filing Complaints and Taking Legal Action
You have multiple avenues to hold Capstone Financial accountable for violations. Each serves a different purpose in protecting your rights.
Regulatory Complaints
File complaints with the Federal Trade Commission at ftc.gov/complaint or call 1-877-382-4357. Contact your state attorney general’s consumer protection division. Submit complaints to the Better Business Bureau documenting their practices.
These complaints create official records and may trigger investigations, though they don’t provide direct compensation to you.
FDCPA Lawsuits
If Capstone Financial violated the FDCPA, you can sue them in federal court for statutory damages up to $1,000 per lawsuit (regardless of actual harm), actual damages for emotional distress, lost wages, or financial harm, and attorney’s fees and court costs paid by the collector.
Most consumer protection attorneys work on contingency, meaning you pay nothing unless you win. This eliminates financial barriers to holding collectors accountable.
For related information, see LTD Financial Services debt collection harassment.
Common Questions About Capstone Financial
How do I verify Capstone Financial is legitimate and not a scammer?
Capstone Financial Management is a real collection agency, not a scam. However, verify any debt they claim you owe by requesting written validation. Never provide personal information like Social Security numbers or bank details until you’ve confirmed the debt is yours. Scammers often impersonate legitimate collectors.
Should I just ignore their calls completely?
Ignoring calls won’t make valid debts disappear and may lead to lawsuits. Instead, send a written cease-and-desist letter to stop contact legally. For debts you don’t recognize, dispute them in writing and demand validation. Taking action puts you in control rather than hoping they’ll give up.
What if they’re calling about a debt that isn’t mine?
Immediately send a debt validation letter stating you dispute the debt and requesting proof. Do not acknowledge ownership or make payments. The debt may belong to someone with a similar name, be fraudulent, or result from identity theft. Making even partial payment can be interpreted as acknowledging the debt.
How many daily calls cross the line into harassment?
While the FDCPA doesn’t specify an exact number, courts have found 7-10+ calls per day excessive. The key factor is intent—are calls designed to annoy or harass? Even 3-4 calls daily combined with other violations (late-night calls, threats, profanity) may constitute harassment. Document all calls.
Can they contact me at my workplace?
They may initially call your workplace once or twice to locate you. However, if you tell them your employer prohibits such calls or the contact is inconvenient, they must stop immediately. Continued workplace contact after this notification violates the FDCPA and may cost you your job.
What happens after I send a cease-and-desist letter?
They can only contact you twice more: once to confirm they received your request and will stop, and once to notify you if they’re filing a lawsuit or taking specific legal action. Any other contact violates the FDCPA and strengthens your case for damages.
Will they really remove the debt from my credit if I settle?
Sometimes. “Pay for delete” arrangements aren’t guaranteed, and credit bureaus discourage them. Get any agreement in writing before payment. Even if they agree, the deletion may not happen. Settled accounts typically show as “paid collection” rather than being removed entirely, which still impacts your credit negatively.
How long can they legally pursue this debt?
The statute of limitations varies by state (typically 3-10 years) and starts from your last payment or acknowledgment. After it expires, they can still attempt collection, but cannot successfully sue you. Making a payment or acknowledging the debt can restart the clock. Never pay or acknowledge old debts without legal advice.
Can they have me arrested or press criminal charges?
Absolutely not. Consumer debt is a civil matter, not criminal. Threats of arrest, jail, or criminal prosecution are serious FDCPA violations. No one can be jailed for unpaid consumer debt in the United States. Document these threats immediately and report them—they significantly strengthen your harassment case.
Should I negotiate or just refuse to pay entirely?
This depends on whether the debt is valid and within the statute of limitations. For legitimate debts, negotiating a settlement (often 30-60% of the balance) can resolve the matter. For disputed, fraudulent, or time-barred debts, don’t pay anything. Consult an attorney before deciding—free consultations can clarify your best strategy.
The Wood Law Firm: Your Partner in Fighting Back
At The Wood Law Firm, we’ve spent over a decade holding abusive debt collectors accountable. We understand the emotional toll of constant harassment, threatening calls, and feeling powerless against aggressive collection tactics.
Our attorneys specialize in FDCPA cases and have successfully recovered damages for thousands of clients facing harassment from companies like Capstone Financial Management. We know their tactics, understand their vulnerabilities, and have the experience to build winning cases.
Why Choose Us
- Free Consultation: We’ll review your case at no cost and explain your options
- No Upfront Fees: We work on contingency—you pay nothing unless we win
- Fast Action: We can often stop harassment within 24-48 hours of taking your case
- Maximum Recovery: We fight for full statutory damages, actual damages, and attorney’s fees
- Nationwide Reach: Licensed attorneys and Of Counsel relationships across multiple states
Attorney Jeff Wood brings over 15 years of consumer protection experience. Admitted to practice in multiple federal courts, he’s built a reputation for aggressive advocacy and consistent results.
Don’t suffer in silence. Call 844-638-1122 today.
For more resources, visit why choose The Wood Law Firm.
Ready to Fight Back Against Capstone Financial?
You don’t have to endure harassment. Federal law protects you, and we can help you exercise those rights. Free consultation. No fees unless we win.
Stop the calls. Recover damages. Take back control.
Additional Resources
Learn about common FDCPA violations at top FDCPA violations and your rights.
For related cases, read Receivables Management Partners harassment and American Debt Management harassment.
