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Davis Law Firm (Oregon) - threatening to sue me

Date: Thu, 02/05/2009 - 13:59

Submitted by briebeaz
on Thu, 02/05/2009 - 13:59

Posts: 15 Credits: [Donate]

Total Replies: 24


I received a letter today from Davis Law Firm, a law office in Oregon. According to them I owe JPRD Investments (a/s/o Bank of America) $6200 "plus costs and interest at 29.490%." They then say that I have 10 days to pay the full amount or, if I dispute the debit, I have to send them a letter within 30 days, but they still have the option to file a lawsuit against me in that time.

Is this legal? I think I did have a B of A card long ago that I defaulted on. I thought it was a charge-off and the amount was only about $1500. Now it's at $6200 PLUS interest? How can this be? I don't even know if the interest is daily, yearly, etc.

I really have no idea how to handle this. Does anyone have any advice? I'm freaked out.

Thanks.


they are wrong.if you dispute the debt,which i hope you'll do.they cannot do anything until they validate the debt.send DV and limited C&D letters to this law firm.send them certified mail return receipt.when i say anything,that includes filing lawsuits.let me check on this law firm.


lrhall41

Submitted by paulmergel on Thu, 02/05/2009 - 14:03

( Posts: 15514 | Credits: )


yes that is fishy.get those letters out asap.it appears like a real law office,but i have my doubts.this is kind of stupid to ask now,but are you in oregon?


lrhall41

Submitted by paulmergel on Thu, 02/05/2009 - 14:45

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just tell them that you are disputing the amount of the debt,and how they came up that total.also something with your signature from the original creditor should be requested as well.


lrhall41

Submitted by paulmergel on Thu, 02/05/2009 - 14:53

( Posts: 15514 | Credits: )


Format this letter to your needs. Send it certified mail return receipt requested. DO NOT sign your name on it, just initial it or type it when you print it up.


Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,


lrhall41

Submitted by on Thu, 02/05/2009 - 18:23

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Immediately contact the Attorneys General Office about this firm. There are numerous complaints against this firm including extortion, harrasement, threating bodily harm, even trying to collect from a dead person.[justify][/justify]


lrhall41

Submitted by on Fri, 03/06/2009 - 14:39

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STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES DIVISION OF FINANCE AND CORPORATE SECURITIES ENFORCEMENT SECTION BEFORE THE DIRECTOR OF THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICE FINAL ORDER TO CEASE AND DESISTcorporate Respondent C. Thomas Davis In the Matter of: WEST BANK ENTERPRISES, INC., an Oregon corporation. that "t is unlawful for any person to engage in or transact a banking or trust business within this state except by means of an entity duly organized for the purpose." ie: Running a fake bank. Oregon Bar also has received numerous complaints.


lrhall41

Submitted by on Wed, 04/08/2009 - 11:31

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STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES DIVISION OF FINANCE AND CORPORATE SECURITIES ENFORCEMENT SECTION BEFORE THE DIRECTOR OF THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICE FINAL ORDER TO CEASE AND DESISTcorporate Respondent C. Thomas Davis In the Matter of: WEST BANK ENTERPRISES, INC., an Oregon corporation. that "t is unlawful for any person to engage in or transact a banking or trust business within this state except by means of an entity duly organized for the purpose." ie: Running a fake bank. Oregon Bar also has received numerous complaints. Have you considered you were laid off because of illegal debt collection practices?


lrhall41

Submitted by on Wed, 04/08/2009 - 11:34

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He is also running a key shop scam: 7 Day Anytime Locksmith out of this addess: 5611 Southwood Dr, Lake Oswego, OR. 97035 (503) 620-5991. Complaints: charges 10x too much, cars and houses that keys have been made for are robbed. See BBB for complaints


lrhall41

Submitted by on Mon, 05/04/2009 - 16:08

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Immediately remove any money from any accounts you have!! AND I MEAN NOW. Call the Secretary of State to see if the LLC or corporation he is using even exists. Also, check to see if he is even registered in the State of Oregon to do debt collections. He is not as of this date. The State of Oregon only allows 9% interest. Do not contact this man under any circumstances without an attorney. Baxter&Baxter. & Davis Davis & Olsen are honest. Call the orginal company to see if he really is representing them.


lrhall41

Submitted by on Tue, 08/11/2009 - 14:57

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I also recived a letter from davis law firm saying i owe my previous landlord 10,450! I broke my lease but the landlord said that it was fine, just that they would hold the security deposit until it was rented. I'm just wondering what happened in your situation. Did the law firm ever reply to the validation letter you sent? Is this law firm just a scam? please help me out im pretty confused about the whole thing!


lrhall41

Submitted by on Mon, 08/17/2009 - 14:50

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Some of the responses on here are helpful, like request full explanation of amounts owed. You are certainly entitled to this! However, "Stop Criminals" should do research better - I check this firm to and there has been no disciplinary action taken, nor any record of documented complaints to either the AG or Oregon State Bar. If Stop Criminals is not careful, he could have a defamation suit against him.


lrhall41

Submitted by on Sat, 08/22/2009 - 09:35

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Call the Secretary of State to see if the "Plantiff" even exists. Oregon statuie only allows 9% interest to be charged. Look under state GARNISHMENT LAWS. (or the interest being charged on the orginal debt.) Call the orginal creditor and see if they still own the debt. File a complaint with the Oregon Bar Association, they want to know what he is up to.


lrhall41

Submitted by on Fri, 08/28/2009 - 15:19

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Oregon Bar Complaints include:
#06-01650 8/7/2006 "Winch, Richard" against "Davis, C Thomas" 0 10/30/2006 Referred to Discipline Credible Evidence
#08-00401 2/11/2008 "Konev, Lazar" against "Davis, C Thomas" 0 3/4/2008 Referred to RIS Non-jurisdictional
January 2002 to December 2002 listing of Attorney Complaint and Discipline Actions: # 0101 Davis, C. Thomas


lrhall41

Submitted by on Fri, 08/28/2009 - 16:28

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Did landlord give you written notice about keeping deposit within 30 days of verbal agreement?. If not he violated Oregon Tenant laws. Expire date orginal lease? $$ amount may be contrary/higher than lease allows. Was place ever rented? One similar to yours rented instead therby setting you up for this? Have people sign statements to facts. Get landlord OR WITNESS the verbal agmt sign a statement. Do research and interviewing. Find tenant rights group to help you. File complaint against landlord. Send letter by certified & registerereturn receipt to attorney. File complaint with Oregon State Bar is any violation of above occurred.


lrhall41

Submitted by on Sat, 08/29/2009 - 11:46

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STATE OF OREGON DEPARTMENT OF CONSUMER AND BUSINESS SERVICES DIVISION OF FINANCE AND CORPORATE SECURITIES ENFORCEMENT SECTION BEFORE THE DIRECTOR OF THE DEPARTMENT OF CONSUMER AND BUSINESS SERVICE FINAL ORDER TO CEASE AND DESISTcorporate Respondent C. Thomas Davis In the Matter of: WEST BANK ENTERPRISES, INC., an Oregon corporation.
where did this post come from ? I need to know and get this in writing, who posted this or at least email me with the information since I have to deal with him too, destroying our lives [EMAIL="firefly@ados.net"]firefly@ados.net[/EMAIL] write me here


lrhall41

Submitted by oregonshout on Wed, 01/26/2011 - 18:15

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