How to beat Zwicker & Associates

George Simons | October 19, 2022

Get your lawsuit against Zwicker & Associates dismissed.

Summary: Is Zwicker & Associates coming after you for a debt? You can represent yourself with SoloSuit's help and win in court.

Zwicker & Associates PC is not your usual debt collector. They are a law firm that specializes in debt collection, which is a nightmare for consumers. Dealing with Zwicker can be overwhelming, but you can succeed. Know their strategy and protect yourself.

Aside from the standard debt collection methods (phone calls and letters), Zwicker and Associates have a reputation for filing lawsuits in a hurry. So if you are dealing with the company, ‌prepare for the possibility of ending up in court.

Zwicker and Associates have two main challenges for you to deal with, and below, we explore how to overcome those challenges.

Collection calls and letters
Lawsuits

How to deal with Zwicker and Associates' collection calls and letters

Despite Zwicker and Associates' high BBB rating, you should still be wary when they contact you. Established in 1991, Zwicker & Associates is a reputable debt collection law firm, but that doesn't mean they always play by the rules. According to BBB, they have an A+ rating (the highest rating) which doesn't account for the substantial number of negative customer reviews. Here are some ‌reviews from real consumers.

Zwicker & Associates frequently purchases debts from large credit card companies like American Express, Discover, and Chase for much less than the original amount owed. As such, when Zwicker & Associates comes after you for a debt, they are looking to profit, but if you pay off the debt amount in full, consider yourself ripped off. You should never offer a full payment to Zwicker because the firm will still profit with a much lower settlement.

Get yourself off Zwicker and Associates' call list with these simple steps.

Ask Zwicker and Associates to validate and verify the debt

Just because a debt collector calls you about debt doesn't mean you automatically have to pay the debt. Sometimes it's better not to pay debt collectors.

Whether or not you pay the debt, you can get rid of the irritating calls. When debt collectors contact you, your go-to defense weapon is the Debt Validation Letter. You should send the letter within thirty days of the debt collector contacting you.

The Debt Validation Letter demands that the collector verify ‌the amount is accurate and the debt belongs to you with documented proof. Once they receive the letter, the collection company is required to report the debt as disputed until they can prove otherwise. Be sure to use certified mail so you can prove that Zwicker received your letter.

Many collection agencies stop collection efforts when they receive the letter. They may contact you to inform you of the action they plan to take, but they can't contact you to collect the debt without validating it. The company also must prove that they are licensed to collect in your state. You can draft your own Debt Validation Letter with SoloSuit's help and stop the calls.

Once validated, check for errors. If you spot any, dispute the debt immediately.

This video explains how to make a Debt Validation Letter in 2 easy steps:

Has Zwicker violated any of your rights as a consumer?

Zwicker calls itself a law firm and not a debt collection agency. Don't let that title fool you. They collect past-due debts and therefore must adhere to the FDCPA guidelines of 2021.

Several debt collection companies still struggle to keep up with the new FDCPA guidelines. Under the new law, debt collectors may not:

Call you at night or early morning (9:00 pm to 8:00 am)
Discuss details of your debt with family and friends
Send you postcards
Lie to you
Harass and threaten you with legal action they can't take
Shame you
Overcharge you

If Zwicker & Associates violates any of these guidelines, you may be entitled to countersue them for up to $1000 per violation plus court costs. You could report them to the following government agencies:

Federal Trade Commission: 1-877-FTC-HELP (1-877-382-4357)

Consumer Financial Protection Bureau: 1-855-411-CFPB (1-855-411-2372)

Is Zwicker & Associates a scam?

Since Zwicker & Associates is a well-established debt collection firm, it is a prime target for scammers impersonating a debt collection agency. If a real Zwicker & Associates employee contacts you about a debt, they will not ask you for your personal information because they should already have it.

On the other hand, if someone calls you claiming to be from Zwicker & Associates and demands that you provide them with your phone number, address, social security number, etc., do not give them any information.

What happens if Zwicker and Associates sues you?

Zwicker & Associates hand out lawsuits like candy on Halloween, so you may find yourself with a court Summons sooner than you expected. But you can still beat Zwicker at their game.

There are several reasons your account may speed up to a lawsuit. You may be out of employment or Zwickersent collection letters to the wrong address. Depending on your situation, these options may work for you.

Respond to the Summons and Complaint

Never turn a blind eye to a court Summons and Complaint. If you do, the court may issue a default judgment against you. Depending on your state of residence, the consequences of a judgment may be dire. They may include:

Wage garnishment
Lien on non-exempt property
Freezing of your bank account

A timely and well-prepared Answer can stop Zwicker & Associates in its tracks, which is a win for you.

The best part about filing an answer is you don't need an attorney, and the process only takes 15 minutes. Log in to SoloSuit, answer a few self-guided questions, and your document will be ready in minutes.

Settle out of court

First, Zwicker bought your debt for a few pennies on the dollar, meaning you can negotiate to pay a percentage of what you owe to settle the debt. Second, many companies will settle for 40-60% of the total debt. If you get a 40% settlement, you can save yourself thousands of dollars and the hassle and stress of multiple court hearings.

You can also use the Motion to Compel Arbitration if your loan or credit card agreement has an arbitration clause. This simple letter may force the case out of court–usually, you should file a Motion for Arbitration with your Answer.

Check the state's statute of limitations

No debt collector can sue you for a debt that's beyond your state's statute of limitations. These limitations were put in place by individual states to protect consumers from being sued for extremely old debts. Debt collectors are supposed to collect the debt when it is fresh in your mind, and accurate records are still available. In most cases, a debt that has been past due for seven years is past the statute of limitations, and therefore, expired.

File for bankruptcy

Filing for bankruptcy may be the last resort if you really can't pay the debt. A Chapter 7 or a Chapter 13 bankruptcy will dismiss the debt lawsuit case.

Zwicker and Associates should not ruin your life. Take control of the situation by asking that they validate the debt. Promptly Answer any lawsuit with SoloSuit in a few simple steps.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

We have answers.
Join our community of over 40,000 people.

You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.

Ask a Question

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance