I received a call from Davis & Associates telling me I have a court date for a Credit Card debt I have no memory of having! I have reeived NO billing in the mail and I do not know what this is about. I asked the woman on the phone what it was about and she said I knew??? I asked again and then she said Oh, You people from Minnesota are all stupid!! and hung up!!  I hjave never been treated so rudely in my life and this attempt to get me to pay for something that I am unaware of is ridiculous! Treatening suit and stating a court date without me even knowing what it is about and when this is to take place????

Report them to the FTC. They have a website. Then start to record and log all their calls. Tell them you're doing so. They'll most likely give up at that point. If they don't, contact a Consumer Atty. Most will take these cases on a contingency basis. Meaning, no money up front- no fees unless you win.
Live Well.
Gunnar

Got a call from this number and was told that no information could be given me and the when I asked what company this was the lady started yelling at me accusing me of interrogating her as if she was on the witness stand.  What i don't understand is after so many complaints why is this company still operating?  Is there no government agency that can protect the consumer?  I cannot afford a lawyer, very low income and a senior citizen.  Where can I report this and get some action?

I agree with you.

1.   Debt collecting is a civil matter, not criminal.  Cops don't show up.  Sometimes they use the sheriffs department to serve a summons, but I guarantee you 2 things...they KNOW where to find you, and they DON"T give you a heads up that they are coming!

2.  If you haven't received anything IN WRITING (not on the phone)you have nothing to worry about.  There is a process that has to be followed, IT"S THE LAW.

3.  Even if the SOL is passed, they can and some will attempt to sue.  THEY WILL NOT WIN.  But they do this becuz 99.5% of defendants(meaning the debtor) do not show up and they win by default.  They count on it, it costs them pennies to file)  But do not be afraid, I got the same recording on a debt that is old as a hill and everything they are doing is wrong. I was sued by an agency(not this particular agency) on a debt(incurred during the economic downfall in 2008 and I was laid off) that had reached the SOL(TX-4yrs), I did show up(well my lawyer did).  they dismissed it, even before there was a hearing.    These guys are trying to scare people and they KNOW that.  If you haven't recvd anything in writing(NOT ON THE PHONE, FAX or EMAIL) that they are starting the "legal process" then there is no summons...period!I
This is my experience.

There are statutes of limitations on taking you to court.  I doubt they showed up to serve you on an 8 year old debt.   I suspect you're just trolling here to scare people.

"The 1099-C seems to be the threat du jour right now," Detweiler says. "Maybe they can't threaten to sue, but they use this because it's a cloudy thing to bully people into paying old debts that may no longer be collectible."

In the end, Shannon's question is simple: "Is this something I need to worry about?"
?Calculator: Should you make extra debt payments?

Detweiler's answer: Probably not. Here are some steps that Shannon can take to protect herself just in case, and hopefully make this aggressive debt collector go away.

1. Get it in writing

Under the Fair Debt Collection Practices Act, Shannon has the right to request documentation of any debt. She should demand it on paper, not by email. If the attorney in this case knows he is breaking the law by threatening IRS action, forcing him to put it in writing may be enough to stop the phone calls.

1099 is a form sent to a consumer when a debt is forgiven. It means they will report it as income( if it's over 600.00) to the IRS and you will be taxed on that amount. It is usually After a settlement, but obviously yours has not gotten that far.  Also, I would be weary about the process server.  They NEVER give you a heads up, especially the time...they just show up.  If this is an old debt, it has met it's SOL, and you feel the need to call, ask them for verification of "ALLEGED" debt, ONLY... from a list of purchases made, to the contract, especially since the contract was made with credit card company, auto loan company..whatever the case may be.) and not with a third party collector. DO NOT give them any banking info, ss#, just ask for verification and leave it at that.  And if they say they don't have to do that...they just broke the FDCPA laws.
I hv just been through this, and of course my case was dismissed.  And it kills me when I think about how they scared me, and others when this debt was not even owed!!!!! Just becuz a debt has met it's SOL does not mean that bottom feeders will not attempt to sue, but they will lose, unless the debtor doesn't show up in court..  However; from what little of what I have read of your situation, it may not be at that point. Don't be afraid of the term "1099".
I DO NOT condone not paying debts! And I am not a lawyer, this is just something I hv been through with representation and I still receive calls from collector.(.hence this comment) for debts I do not owe (identity was stolen) But the SOL in each state gives, credit card,auto loan, etc., companies+ plenty of time to collect a debt from a consumer. That's why there are laws put into place not only to protect these companies, but also the consumer.  Unfortunately for me, Identity theft is the one crime in this country where one is guilty until proven innocent.  Good Luck

Jennifer claiming to represent Platinum Partners states that a very old debt will now be "1099'd to the IRS" unless I called 714-988-3861 to negotiate this very old debt.  The caller-id appeared as RESTRICTED. They called previously, yesterday (callerid RESTRICTED)  and threatening to have a the sheriiff serve court papers at my door step between 10am and 2pm today. I told them to go ahead.  No show. Shortly after they hung up yesterday they called back (caller-id 682-xxx-8428 a DFW area cell number) and yelled at me for my refusal to talk with them about this very old debt.  The statute of limitation for this debt expired many years ago.

Jennifer claiming to represent Putman Partners states that a very old debt will now be "1099'd to the IRS" unless I called 714-988-3861 to negotiate this very old debt.  The caller-id appeared as RESTRICTED. They called previously, yesterday (callerid RESTRICTED)  and threatening to have a the sheriiff serve court papers at my door step between 10am and 2pm today. I told them to go ahead.  No show. Shortly after they hung up yesterday they called back (caller-id 682-438-8428 a DFW area cell number) and yelled at me for my refusal to talk with them about this very old debt.  The statute of limitation for this debt expired many years ago.

3 times a day they call

called from this number from a firm re legal action for someone not living in my home yet they left all their personal info on my answering machine and to call above number if questions with a ref number.  called to say no one here by that name and why are they calling me and to stop.  woman was RUDE and became nuts when she said you are not the man they left info about and to never call her again-she had been working 12 hours already that day and I should not be rude to her-HAH. just the opposite.  they answered davis and assoc. I filed a complaint at the better business bureau on the only address in calif.  bbb came back and said they are lawyers not collections and it was not them.  it is a collection agency in north orange county,calif.. all I want they stop calling me- I obviously and not the man they are trying to call.

866-593-4632
888-632-2231
714-485-6693 this one is direct to Mary Lloyd SoCal area code
i have also heard 3 male voices in my calls

Davis and assoc. Has called my work office several times a day for the last week.  I showed my supervisior this site and told them it was a scam.   The number my supervisior got was 714-988-3861.  This has been going on and off for the last year.  The so called davis and associates get very hostile whem you call them back with a private number and also trying to get any info from them.  A lot of times I've called back to see what it was they got loud, angery, and would end up saying i was harrasing them.  An they would eventually hang up on me.  Ever call I've made i was nice and never raised my voice.    It is a SCAM.

To update,  My complaint has been turned over to the FTC for investigation, the more people who file a complaint the sooner we get these people to stop.  Please be aware there is another number they are using for call backs (714) 519-6153.  Same bunch same abusive behavior.  Chase Corp. offices have investigated my complaint and there is nothing that they sent out or sold.  

If you have given them (Davis & Asso.) information on your accounts make sure your bank blocks your account, set up a new account or cancel your card

I am filing complaints with my local PD and with the local Sheriffs Dept. and any other agency that will let me put in a complaint.

Report to your cell carrier or phone company,  They can trace this easier than we can.

Reposting:
File a complaint online with consumerfinance.gov You can do this online. If we get enough of these maybe we can get someone to close down this operation. I actually called by going through my County attorneys office, since they said they would see me at the district attorneys office. They gave me the information on several numbers to call all Federal agencies then transferred me all the way through to the correct office. My County District attorneys office said they have had many, many complaints on this group. I called the company they said they were collecting for and they said I had no debt with them. I had my bank block my account, put my phone on the no call list, (This way if you tell them to cease calls and they must comply or they are breaking FTC laws.) Finally, pull your credit report. These people will tell you they do not have to supply you with any paperwork and they get really upset when you ask them to prove they are who they say they are. Also the District attorneys office told me to put some of this information online, so I am going through as many of these sites to make sure we have an alert on these individual.

Apparently they have access to Chase's old files and I am going to send these postings out to them.  I have already talked to them about my "old" debt and they have nothing.

Was called just now. the lady read me 'my rights' about an attempt to collect a debt. lol.  When she said it was from Chase bank (whom I've never had an account or loan from) I told her I didnt know Chase bank, because I never used them, at which point she started laughing and and saying sarcasticly 'oh, you've NEVER heard of Chase bank?" I told he I know who they are, but have never delt with them. At which point she got pissy and said Mr. XXX just go away. LOL, nice...........

File a complaint online with consumerfinance.gov You can do this online. If we get enough of these maybe we can get someone to close down this operation. I actually called by going through my County attorneys office, since they said they would see me at the district attorneys office. They gave me the information on several numbers to call all Federal agencies then transferred me all the way through to the correct office. My County District attorneys office said they have had many, many complaints on this group. I called the company they said they were collecting for and they said I had no debt with them. I had my bank block my account, put my phone on the no call list, (This way if you tell them to cease calls and they must comply or they are breaking FTC laws.) Finally, pull your credit report. These people will tell you they do not have to supply you with any paperwork and they get really upset when you ask them to prove they are who they say they are. Also the District attorneys office told me to put some of this information online, so I am going through as many of these sites to make sure we have an alert on these individual.

Apparently they have access to Chase's old files and I am going to send these postings out to them.  I have already talked to them about my "old" debt and they have nothing.

File a complaint online with consumerfinance.gov You can do this online. If we get enough of these maybe we can get someone to close down this operation. I actually called by going through my County attorneys office, since they said they would see me at the district attorneys office. They gave me the information on several numbers to call all Federal agencies then transferred me all the way through to the correct office. My County District attorneys office said they have had many, many complaints on this group. I called the company they said they were collecting for and they said I had no debt with them. I had my bank block my account, put my phone on the no call list, (This way if you tell them to cease calls and they must comply or they are breaking FTC laws.) Finally, pull your credit report. These people will tell you they do not have to supply you with any paperwork and they get really upset when you ask them to prove they are who they say they are. Also the District attorneys office told me to put some of this information online, so I am going through as many of these sites to make sure we have an alert on these individual.

714-988-3861 received a call and they left a message saying there is a complaint against me and they will
be serving me to make it official.   There is no complaint against me.  This is a scam. I am just ignoring.

Same thing just happened to us...Call my husbands job so I called her back to let her know we don't have a credit debt for $3200 she said I'm not going to spar with you I will have you served tomorrow and hung up on me. What ever happened with this? DId they stop calling?

fraud

2 voice messages left while on vacation...called number... Mrs. Lloyd said it was for a unpaid "Providian National Bank" debt that was sold to Washington Mutual and then to Chase...but that I could settle it over the phone for pennies on the dollar... When I asked for more information, she became beligerent and accusatory and started yelling at me.  I kept asking her why she was so hostile... just kept yelling over me... asked for supervisor... tx'd to Mrs. Honsford?? Told her I would need proof of the debt which is my right under FDCPC and she said they would just get me for failure to appear.... she hung up on me... I called right back and went to a voicemail and left her message that I would need the information.  She didn't like it when I yelled to my husband to turn on the voice recorder when she was screaming at me.  I think I will reverse the tactic and keep calling their number.  I feel so sorry for any elderly people they are preying on....

got a voice mail from Scott Tyler saying my husband was going to be served (tomorrow between 9-10 am) a summons to appear in court for non payment of a debit! & I (he) was to call davis & a**. at 714 988-3861. So...I called and this 'lady' said my husband owed $21,000.00 in providian credit card debt!!! I told her no way did We ever have a large credit card debit. Her reply was 'do you think your husband tells you everything? WELL if you think your husband doesn't lie to you, you're living in Disney Land!!!'   She was off the wall yelling!! Then she added ALL ITALIAN MEN LIE!!! Now I saw red & i said to her-Did you just throw a racist comment at me? she laughed and said that's not racist, that's nationality.It was offensive!!! and she repeated it more then once.  She knew what cars we have, our address and my husbands social(although i would not verify it). I told her this card was from 1997 and written off in 2002. and NO where near $21,000.  It was written off 11 years ago! and she start yelling- You live in new jersey,baby. you think you know the law?  Then she said there was a payment made in April 2009. The account was gone, exactly where was this payment made? There was no payment made. By 2009 it was not even on our credit report.   And if it was still delinquent it would show on our credit report. So, if these people are scammers and now that i've thought about it, they certainly are ,  what right do they have to access our credit reports and falsely accuse us of owing a debit that has expired??        ALSO, HAVE ANY OF YOU BEEN SERVED WITH THAT SUMMONS???

i got a call from a restricted number stating i was being served a summons and me or my attys could contact the firm at 714-988-3861 they left a case number to reference , i do not owe anyone i had an old debt from 15 years ago these people are debt collect scum.

On July 22, 2013  they called my mother's number and then my current phone number.  They said I would be served so call asap.  They left a court case number and I checked that online and no such case was found. I had no idea what it could be about so I googled Davis and A**. with this number and found multiple hits reporting these scammers.  Nice to know it is so easy to  get info on people like this thanks to all you people who report this stuff. Good work and thanks!

the phone number they leave is 714-988-3861.  They left a court case number for me. harris county, Texas.   I hope they get them.  good luck!

scammmmmmmmm 7149883861

It has been my experience that some of these companies actually document their violations, so I have received the $1,000 in damages.  Thanks for the updated links - my point was to address the lack of consumer awareness that these companies seem to prey on. I dumped the text so that people at least have a place to start.

I have received these calls as well. My advice? Contact an attorney who targets companies (like this so-called "Davis & Associates" filing firm) that violate the Fair Debt Collection Practices Act (FDCPA). An attorney will assist you in recording evidence against the violator and then file a lawsuit against them on your behalf. You can be paid $1,000 for EVERY VIOLATION of the FDCPA and the attorney representing you will reclaim his/her costs on top of your $$$ (so no money out of your pocket - ever). I have turned my bad credit into a part-time job of sorts. DO NOT BE A VICTIM - turn the tables on these bad "debt collectors".

While you find an attorney, learn your rights regarding what debt collectors can and cannot do when they contact you. See the U.S. Government link: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm. Click on Sections 806-808 that provide examples of abuses (much of the behaviors you have described on this site).

Here are the details:

§ 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.

§ 807.  False or misleading representations  [15 USC 1692e]

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.

§ 808.  Unfair practices [15 USC 1692f]

A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.

(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.

(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if --

(A) there is no present right to possession of the property claimed as collateral through an enforceable security interest;

(B) there is no present intention to take possession of the property; or

(C) the property is exempt by law from such dispossession or disablement.

(7) Communicating with a consumer regarding a debt by post card.

(8) Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

A third and quite common possibility is that Davis has rented out his name to illegal collectors. Sort of like paying a copyright fee for use of a sales trademark, the thugs make a deal to use the lawyer's name, letterheads, contact data, the works. The lawyer taking the payola looks the other way as heinous abuses are committed in his name. However disconnected, said lawyer in such a case needs to be named as Defendant along with his name renters, for permitting the abuses through neglect.

} You can be paid $1,000 for EVERY VIOLATION of the FDCPA

Maybe on consent agreement or through actual damages, which are hard to prove at such a dollar amount. The $1K fine is a statutory cap *per action*, meaning a plaintiff cannot expect to be awarded any more per lawsuit.

It would have been sufficient to stop at "Click on Sections 806-808" after the link, rather than dump the whole text here. I should also point out that the FTC link is to an outdated version of the FDCPA. I like to use the Cornell links for the current revision.

http://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
15 USC Chapter 41, Subchapter V - DEBT COLLECTION PRACTICES

The current revision is also available as a handy PDF from the FTC:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf