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RUSSEL A DAVIS - DAVIS LAW ASSOCIATES - COLLECT AMERICA - SHADY PRACTICES, UNPROFESSIONAL , LYING SHADY PRACTICES, LYING, INTIMIDATIING, DISHONEST LAW FIRM ripoff San Diego California
I have already filed a report against the bank who started this whole process. I got divorced. We had joint accounts. All banks removed my name from my ex husband's primary accounts except the Household Bank. They refused to do so even after fillling out an affidavit, no exceptions. That is how the matter got to Davis Law Associates. My ex at some point maxed out the credit card and was unable to pay.
Now I am dealing with Davis Law Associates. They would hunt me down, telling me that it is my responsibility to pay - even though I never charged a penny to this credit card, the charges were made around the time of our separation and after the divcorce.
At first I had messages left on my answering machine from Mr. Frank Munoz from Davis Law Associates. Not knowing why they were calling, I returned the call. The guy who sounded exactly like Mr. Munoz answered as Mr. Mike Smith. He was very pushy and unprofessional. When I wanted to hang up he was repeating - "we are not a collecting agency, we are a law firm". So I listened. He wanted to know how I was going to pay "my" debt. He did not want to listen to my explanations, repeatedly asking how I was going to pay my debt - stating I had to pay immediately because "paperwork was already being drafter for a law suit".
Mr. Munoz also assured me that by paying at least "my half" $4,474.00, "I would be released from the obligation and my debt would be finalized". I asked for a formal letter from the firm, I was told after I would pay they would send me an official letter stating I paid my debt and they would collect the second half from my ex husband. I needed few hours to get the money together - they would give me 2 hours to get the money. They called back few hours later asking me for my account info, SS and other info. I refused to give them some of my personal info such as my SS number - Mr. "Smith" stated they had it on the file anyway - that really upset me. I gave him my bank's name and a check number- he had to figure out the rest.
Two days later he called again asking me to call my bank to " verify that the money was there". He would be quietly sitting on the other side while I was giving the bank my personal info. I informed the bank agent upfront that I had a law firm representative on the line ( Mr. "Smith" did not like it ). I did not have to give the bank agent the whole personal info and the agent just confirmed in general that I had sufficient funds. About two weeks later the money was taken out of my account and I never received anything in writing.
About a month later I had a call from I believe Mr. Davis, who was very polite at first, stating that my ex refused to pay his share so I was responsible for the rest. I could not believe it! Again, he told me that they were preparing a law suit, the paperwork should have been ready that afternoon. I told him that in good faith I paid half of it for it to go away and now they want me to pay more?
He finally gave me some time to get more money - said he would settle for about 2,700.00 instead of 4,475.00 - the remaining debt. Few days later I got a call from "Laura" who was asking me how I was paying "my" debt of $4,475.00. I told her I was not going to pay any more, rather I would consult an attorney first and fo to the court. She changed her attitude as well and asked if I wanted to pay also the court fees? I told her I would speak with an attorney first and than worry about that. I have not heared from them since but it has been only few days. I am sure I will hear from them again.
I have read many other similar stories on this web site and that prompted me to file my own report. I will send them a lettter asking them not to contact me via telephone any more. I want everything in writing. I have not received anything in writing since this whole process started. If anyone else had another piece of advise, I will appreciate it.
Katie
Duncanville, Texas
U.S.A.
2 Updates & Rebuttals
Katie
Duncanville,Texas,
U.S.A.
Putting stop to the unlawful practices
#3Author of original report
Thu, April 05, 2007
Thank you, Rhonda, for the encouragement and advice.
I believe debt has to be repaid. However, I have not charged anything to this credit card and I will no longer pay for what is not mine.
After I have read some articles on this web site and had some people contacting me with an advise, I am looking for an attorney who can either give me additional piece of advise or even represent me in case the law firm calls back. At this point I believe I paid already too much, based on my divorce decree. I am not going to let them intimidate me and demand more money any more. I did not create the debt and I paid already half of it anyway. Enough is enough!
Thanks all of you for your help in this matter.
Rhonda
Richardson,Texas,
U.S.A.
Another Victim Of A Junk Debt Buyer.
#3Consumer Comment
Mon, April 02, 2007
I understand exactly what you're going through. After reading everything about these junk debt buyers lately, I will not give any of them a dime until I have something in writing. They refuse to send me anything. File complaints with the California State Bar Association, and the State Attorney General's Office. That is the only way we are going to put a stop to this kind of thing. The more people who file a complaint, the more likely they are to taker action on it.
They told me the same thing they told you when I mentioned I was going to get an attorney. They told me I would have to pay high attorney fees for the attorney to just show up at court and admit that I owe the debt. I told them that a judge would ask me for my side of the story, and they told me I had been miss informed.......that I would not be allowed to say anything in my defense. Then I was told that I wasn't even allowed to show up in court unless I had an attorney. What a joke these people are. It is unbelievable that someone with so little regard foe the law, manages to obtain a law degree, and a lawyers license.
Here is the real kicker, when you call the 800 number, and the number they call you on, you don't get a recording saying it's Davis Law Associates, you get the name of some other lawyer.
There is defiantly something shady going on.
Oh and buy the way, regardless of what they tell you, yes Texas is a community property state, but it is NOT a community debt state. You are not responsible for debt that is not in your name, unless you signed a credit card receipt. All of my debt is old debt from a previous marriage, and they called my new husband and told him that he was going to be held responsible for it because Texas was a community property state. Needless to say he wasn't at all intimidated by it because he already knew better.