Harassment by debt collection agencies is prevalent, and most consumers have consistently complained about this. Unfortunately, most people do not know or even understand their rights when it comes to debt collection.
In this review, I have highlighted Capio Partners, which is a debt collection agency. I shall tell you who they are, how they operate and go a step further to explain to you your rights, and what you should do if you find yourself being harassed by this company.
Let’s get started.
Is Capio Partners a scam?
This is a legitimate debt collection agency that was founded in 2008. They usually purchase uncollected debt, but they only accept debt bundles that can produce for them at least $50 million in annual uncollected receivables.
This means that; they purchase debts for pennies on the dollar, so they can make a profit even if it is a tiny fraction of what they have collected. They have been members of the debt purchasing trade association (DBA) international since 2012.
When they purchase old debt, they then outsource collection activities to many of their partners.
Capio Trademarked the term “complaintless collections,” which provides a financial reward to accounts agents who can maintain clean records.
However, even after all that, the company has still received a lot of consumer complaints.
Who are they?
Capio Partners LLC is one of the largest health care debt collectors in the US. They claim to deal with more than 300 health care providers and have been able to service more than $20 billion in a couple of years.
This company was founded in 2008, and they are located in Sherman, Texas.
On BBB – Better Business Bureau, they have a B rating, and as of March 2007, they had over 235 complaints lodged against them by their customers. Besides, Justia has eight allegations made against Capio Partners, and these have been filed in the Federal Court.
Most of these complaints allege that Capio Partners violated the Fair Debts Collections Practices Act.
Moreover, the Consumer Financial Protection Bureau (CFPB) lists at least 78 Capio complaints that have already been closed.
Capio enables healthcare organizations to complete their revenue cycles. Their PatientComplete program is leveraged at any point after the accounts have been designated as bad debts. They provide organizations with immediate cash flow and the confidence of knowing that experienced healthcare professionals will manage their patients.
Once they have bought off the bad debts, they then embark on a vigorous process of recovery, which involves some unorthodox methods and procedures that help them recover the money they have already paid to the health care professionals.
This is where harassment comes in.
What can you do if Capio Partners LLC is harassing you?
There are many ways of identifying that Capio Partners are harassing you. If they are practicing any of the following as they try to collect from you, then you are being harassed, and you can sue the company as it is a violation of your rights.
Your debt harassment checklist:
If you are receiving multiple calls each week from Capio Partners LLC.
If you are being called either late at night or very early in the morning.
If Capio Partners LLC have been calling your friends, coworkers, and neighbors and telling them about your debts.
If Capio Partners LLC have been threatening you with adverse credit reporting.
If they have attempted to collect more than you owe.
If they have been making criminal accusations towards you.
If automated robocalls are being made on phone in an attempt to collect from you.
If they are using an obscene language when talking to you.
If they have been making attempts to intimidate you.
If they are disguising the fact that they are debt collectors trying to collect a debt
If they are pretending to be attorneys, police officers, or federal agents
If they are threatening to report false information to the credit bureaus
If they are demanding amounts that are inflated by ‘service charges.’
What can you do if you are being harassed?
You may not know this, but Federal laws protect you from this type of harassment. The Fair Debt Collection Practices Act (FDCPA) is a legislation that was passed by Congress to regulate the debt collection industry. This act consists of laws and guidelines that all debt collections agencies must follow to ensure that they do not violate the rights of the consumer.
As a consumer, you must be aware of your rights to protect yourself from harassment and intimidation from debt collectors.
Here are some of their rules on debt collectors;
They prohibit the use of harmful and unfair tactics when trying to collect a debt.
They should not contact anybody who is not the main person that owes the debt.
They shouldn’t threaten you with referral to an attorney, wage garnishment, or harm your credit without an actual intent or act on the threat.
They should not call you at unreasonable times, such as before 8 am, or after 9 pm.
They should not contact you at your place of work if you have specifically asked them not to do so.
They should not place calls to inform on you to your employer or disclose any aspect of your debt to others.
They should not use profane or obscene language during their calls.
They should not send collection letters which appear to be from a government office or a court.
They should not threaten to arrest you if the debt remains unpaid.
In short, it says debt collectors are required to be honest, up-front, and not deceptive. Additionally, it says debt collectors are supposed to treat you with that modicum of respect and dignity that every human being deserves. And yes, the FDCPA is violated just about as often as our drug laws in this country.
Here’s the rub: If you want to enforce your rights or recover money for violations, you shall be forced to sue. If the debt collection company has not followed the rules and regulations stipulated by the FDCPA, then you must collect as much evidence as you possibly can, and take them to court.
These laws provide individuals like you with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages up to $1,000, plus the debt collector will pay for your attorney fees and any court costs.
The following phone numbers belong to Capio Partners;
If any of them appear on your caller ID when the phone rings, Capio Partners, LLC may be trying to contact you. If they misrepresent the nature of your alleged debt and threaten lawsuits to make you pay more quickly, hire a consumer attorney who can help you stop the bullying once and for all.
If you decide to file a claim against Capio Partners, LLC, you could be awarded $1,000 per FDCPA violation. No matter how significant your debt may be, the law requires collection agencies to treat you with respect and penalizes those that fail to do so.
Can they sue you or garnish your wages?
It is illegal for debt collectors to make empty threats to sue or garnish your wages. It is also unlikely that Capio would sue you for a debt that you do not owe, or cannot validate.
However, debt collection agencies have been known to summon debtors to court and garnish their wages after a default judgment. Contacting an attorney before going to court is always a good idea, so they can help you fight the charges.
When can you work together with a collection agency?
You should only work with them if, after investigations, you find that the debt is accurate and up to date, which means that it is probably valid. Then, you most likely owe them the debt, and if this is the case, you should choose to negotiate with them for a lower amount or come up with a repayment plan where you can pay in small amounts until you clear the debt.
Once you have negotiated a payment option, you can choose to pay them either by check or by credit card. If you wish to pay by check, make sure it is certified and save any information regarding your payment.
Paying by credit card may be more comfortable but remember that they have been accused of overcharging customers, and once they have your credit card number, you give up a measure of control.
Can you ask for help?
The laws that govern credit repayment are complicated and at times challenging to understand, and even if the law is on your side, it may be hard to get Capio Partners LLC or other creditors to comply with the law entirely.
They may use their company size and power to try and intimidate and manipulate you. These tactics, including forcing you to pay through multiple phone calls and filing forms over and over again, should be reported immediately.
If you feel that you are doing everything they have requested and you are still getting nowhere with them, it may be time to call in the professionals, who can take over the negotiations and contact Capio Partners LLC on your behalf.
When you find yourself in a situation where you have to deal with debt collectors, you should make use of professionals such as accountants, lawyers, or credit repair companies. I have discussed this information in the following blogs;
These are companies that will engage the debt collectors, and find ways where you can pay the debt in small installments, and also ensure that once the debt has been cleared, the entry is deleted from your credit report, and which will substantially help in ensuring that your credit score improves.