866-654-6739
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- Victoria| 4 repliesCalled today stating they have a civil matter and judgement against me that I will be served a lawsuit for a larger sum of money if I don’t settle or pay small monthly payments via credit card or bank card to them. He also gave his direct #323-372-1945 Daniel Sanchez
- Caller: Davis and Associates LLC
- Call type: Scam suspicion
- BigA replies to Victoria| 2 repliesObviously if they already have the judgement then there is no need to sue you.
The fake process server/location finder extortion SCAM usually consists of the following:
They mention that they have received a Fax document or some sort of complaint and that there is a pending legal matter or action about to filed against you to create the sense of urgency. They tell you that they are a “process server” and cannot give you the particulars of the case since the file is sealed. This is simply ruse to get you to call another number (often with a made-up case number) where they will ask for money to “make it go away” (this is actually the same place, they work in teams, one pretending to be the server, and the other usually pretends to be a lawyer). They threaten to serve you at home or at work. They tell you that if they serve you at work then they will need a supervisor, security, or HR person there as a witness, hoping that will cause you to panic over the alleged embarrassment of being served at work. They also tell you that you will need two forms of ID. None of which is true. Process servers do not ever call ahead so that you can dodge them. Process servers get paid to serve papers, nothing else. They certainly are not going to pass up a paycheck by telling you that you can avoid being served, they are not going to give you an extra day or even a few hours to get a “stop order”. Court documents are time sensitive and must be served within a certain amount of time. Remember that you can always call the local courthouse to see if there really is a lawsuit that has been filed against you.
It is incumbent upon them under the law to prove that the debt exists and that you owe it, and (this is the important part) that they have the legal right to collect it. You are not obligated under the law to prove that you don’t owe or that it is paid.
Federal law (FDCPA) requires them to send you a letter, email, or text (postmarked in the case of a letter) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. Unless they have communicated it to you verbally at the beginning of your conversation. It also must contain the “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this communication must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified. If and when you get that communication you should immediately send that debt validation letter by certified, return receipt mail.
You can also file a complaint with the FTC who will then direct you to the CFPB. Or you can simply go to the the FTC website and file a complaint which will again be redirected to the CFPB. No matter what you are going to end up reporting the complaint to the CFPB so why not go there first and forget about the FTC? I mean seriously, you are not actually going to report anything about debt collection directly to the FTC but hey, knock yourself out! https://reportfraud.ftc.gov/#/assistant
You should make a complaint at this Federal Agency, and while there you should also read up on how debt collection is supposed to work as well as what your rights in this matter are: https://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: https://800notes.com/faq/attorney-general - Victoria replies to BigA| 1 replyI reported them to the NYS attorney generals office and put a freeze on all my credit .. They are such POS !!!
- BigA replies to VictoriaBut not to the Federal Agencies? Why?
- CC replies to VictoriaThis just happened to us too. Said his name was Brian Watson. Same company above. The scary part is that they had all of our personal information such as SS#, Address, bank info.
We called our bank and they said it was a scam. - KAREN PIROI spk with the company and I asked for proof. They said it would be mailed out certified.
- B| 1 replyThey called . MY mother today .. I think it scares her too. I called them back after calling my local department and let them know this they just said it won't be at the local sheriff's or police station because hasn't been filed yet . But gave my mother a case number .. and when they left her the vm the said they were are local department.. I'm not sure if said clerk courts or what exactly but did say our local city name before hand ... I'm pretty sure I've received a call just like this last year . There is a cop lady that posted video on this ... But my thing is if it isn't filed how is there a case number right ? 🤷🏻♀️ I reported it to the link whoever posted .. but seriously I guess there on a roll i see a new comment on here since i read these earlier
- B replies to BAlso if it the local departments shouldn't they be able to pull up my info with my name and come to my house address or send papers ... 🫣🤦🏻♀️🤷🏻♀️
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