Strong-arm tactics were standard
procedure for a La Mesa man who
ran a debt collection business
out of El Cajon, posing at times
as a lawyer or investigator for
the district attorney.
Edward Mitchell Davis told
people he contacted that police
were on their way to arrest them
and the only way to avoid jail
was to pay him immediately for
debts the people often didn't
even owe, prosecutors said.
If he thought they were
immigrants, Davis told them they
could be deported if they didn't
pay or could be arrested at the
airport when they next returned
from a trip abroad, according to
court records.
Davis,55, was sentenced to
270 days in jail, fined $499 and
placed on probation for five
years on Aug. 4 after pleading
guilty in October to extortion
and attempted extortion,
prosecutor Tricia Pummill said.
As part of a plea agreement,
Davis promised to repay $40,864
to people he pressured to pay,
Pummill said. Davis also agreed
to repay anyone else who comes
forward with proof that they
made payments to his company,
ARM Financial, because of
extortion.
Davis “was collecting bills
too aggressively,” said his
lawyer, William McGuigan.
“He's not a violent person or
an evil person,” McGuigan said.
He said Davis has repaid money
he collected improperly.
The debts Davis collected
“were all legitimate but some
were too old,” McGuigan said.
Pummill said the unpaid debts
Davis collected often were on
long-dormant or inactive
accounts, some going back more
than 10 years.
“Most of these people didn't
even have debts,” Pummill said.
“It had been paid off or
forgiven or they (debtors) had
declared bankruptcy and it had
been discharged.”
Davis' undoing came from a
former employee who was sick of
pressuring people to pay and a
man Davis threatened with arrest
and deportation to get him to
pay an old bill.
Investigators first learned
of Davis in December 2003 when a
man called prosecutors to
complain about what he
considered coercive collection
practices.
The man said that someone who
identified himself as a lawyer
by the name of Ed Smith called
him about a $1,500 debt from
1991, according to court
records.
The so-called lawyer, later
identified by investigators as
Davis, told the man that he was
facing criminal charges over the
unpaid debt and had to pay
$7,000 to cover the debt and
court fees, according to the
records.
While investigators were
investigating his complaint, a
man who once worked for Davis
called the District Attorney's
Office in April 2004 to alert it
to what he said were unfair
business practices Davis
instructed him to use.
The former employee said he
told debtors to call Davis'
company about a debt. Davis
would then tell the debtors that
the court action could be
stopped if they made immediate
arrangements to pay the debt
through Davis.
Pummill said Davis'
high-pressure, illegal debt
collection practices are all too
common.
“It's a huge problem,”
Pummill said.
Ray Huard: (619) 542-4597;
ray.huard@uniontrib.com