Will Zwicker and Associates keep the payment agreement I made with them?
Defaulted on American Express credit card. It went to Zwicker and Associates. Zwicker sued me and judgment was entered for them. The afternoon before court the next day I negotiated a payment agreement with them on the phone, and it was accepted, but the judgment was entered anyway.
Will Zwicker, I have heard lots of bad stuff about them, adhere to the negotiated agreement or keep on with even more legal actions? Any experience with them?
—JC
My experiences with settling consumer debts with Zwicker and Associates is mixed. I have found them to be one of the easier debt collection law firms to deal with, and I think all of the other CRN coaches generally agreed on that over the years. I do not have too many examples of settlements and agreements with them falling off the rails.
My own, or other counselors experiences negotiating and making payment arrangements with Zwicker and Associates can be a bit different than when our customers work directly with the firm. Which is what we should be talking about.
When it comes to people working out deals directly with debt collection law firms, you could do much worse. I can point to only a small number of DIY debt relief program customers that shared problems or concerns about their dealings. I see more frustrations expressed by folks who are struggling to come up with a workable plan.
Negotiating Settlements and Payments
Zwicker does a healthy amount of collection work on American Express credit cards that go delinquent. I have generally targeted settlements with Zwicker at between 50 and 60 percent of the balance. I have seen a handful of deals get negotiated lower than that, just not enough to make the lower amounts a realistic target.
Negotiating with Zwicker once you have been sued for collection is another thing all together. And what can be realistically done will greatly depend on who it is that the firm is collecting for.
Your options when Zwicker sues on behalf of an original creditor like AMEX can often mean lump sum settlements in excess of 60 percent, and when there are no lump sum offers to be had (it can happen), or when you do not have the cash resources to pay a settlement, you can end up with payment plans.
You did not say what your payment plan was, but collection law firms will look to set up the shortest payment time frame whenever possible. I often see 6 to 12 month terms for payment plans on settlements, but payment plans when a case has been filed in court can go longer.
Be sure any payment agreement you set up is something you can afford. And also be sure to get any settlement or payment you both agree to is in writing. If they do not stick to what you agreed to with them, you want something in writing to hold them to. If you struggle to get a written agreement out of them now that it is after the fact, call a go over the details of the deal you made, and record the conversation. You can tell them you are recording and why.
Next steps when Sued by Zwicker
You have options to consider for resolving debts, even after you have been sued. Negotiating a settlement is sometimes a good idea to jump on immediately, and in other instances you can get a better outcome by defending against the lawsuit. Here again, it will often matter who Zwicker is collecting for.
Once sued, I recommend consulting with an experienced debt collection defense attorney. Most offer an initial consult at no cost, and you will be able to make better, and more informed decisions afterward. You can reach a debt collection defense professional at 800-939-8357, press option 5.
If, after you are sued, all you can do is set up payments, consider that defending the case correctly can buy you time to raise the money to be able to fund a settlement 6, or maybe 12 months down the road. This could help you avoid a judgment showing up on your credit reports.
If you do agree to payments, be prepared for the Zwicker attorney to want you to stipulate or consent to the judgment. It is okay if you are unable to avoid this outcome. It just is what is sometimes.
When you agreed to the payments on your AMEX account with Zwicker and Assoc., it sounds like it was not explained to you that the judgment was going to be entered anyway. Zwicker is not going to pause in any court action for a simple payment plan (lump sum settlement is a different story). They are working to secure payment for their client, and already took the trouble to file in the court. They will secure the judgment.
Settling Debt with Zwicker Post Judgment
You can circle back and settle judgment debt with Zwicker. I know that is not what you have going, but I wanted to point this out for later readers of this page.
If the judgment is not set up on payments, and has been unpaid for some time (usually the longer the better), you can call Zwicker and see about settling for a lump sum payment. Your realistic expectations about how much you can save will not be much different than what I shared above.
The more collectable you look on paper to a collection attorney, the harder it can be to negotiate a lower pay off. Judgments mean that Zwicker can attempt to garnish wages, levy your bank account, or file property liens. All that extra collection effort can be impacted by your state law. But my experience is that settling for less is possible when there is not a garnishment in place (though in rare instance, that can happen too).
I have had a couple of files with Zwicker over the years that I considered a challenge. One of them is still vividly clear to me years later because of how silly it was. I negotiated a settlement on an existing judgment for a customer, and we wanted that fact updated with the court. Getting the satisfaction of judgment filed with the court was like moving a mountain, and it should not have been.
Keep track of all payments you are making. If the judgment included interest (the court can set that as high as your state law allows), factor that in to how long you will be paying.
Anyone dealing with collections being handled by Zwicker and Associates is welcome to post in the comments below for feedback.
About Michael Bovee
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Michael started CRN in 2004 with a mission to provide people in need with detailed debt and credit help and education. Michael has participated as an expert panelist in federal consumer protection rule making, collaborated on state law changes governing debt consolidation, has worked as an expert witness in court matters related to the debt relief industry, and is a regular contributor to several personal finance websites.
I am enrolled in national debt relief program for my credit cards due to the Covid pandemic and Zwicker filed a suit against me in the state of Missouri which I no longer live in for my American Express I was never served and national debt relief reached a settlement with them which they want me to sign a consent judgment and I don’t wanna do it is there any way around it especially since I was never served?
You may want to talk to an experienced debt collection consumer law attorney in your state about your options for defending the suit as being in the wrong jurisdiction, and then negotiating the settlement after that issue is resolved.
I got a letter in the mail from a local lawyer saying I’m being sued. I looked it up sure enough I was. I went ahead and started looking into it I’m about 15 hours deep into Reddit and the advice on there. Can you verify this info for me or your input on it?
1. Never give them access to your bank account? Like paying through routing #. I was given this option and was able to pay by the end of the month. Which gives me 16 days. For 6 .6 k which is 65% of the payment. I negotiated that alone with the lady on the phone. I was able to get them to agree to a money order with it in writing about the payment but the time was cut down to 10 days. Had to be across the country in 10 days.
2. Is 65% of the amount for a lump sum payment good or should i hire a lawyer for 2000 them fight the charges? If I put the lump sum she said she will put a hold on the lawsuit.
Should I get a lawyer or pay it? Paying it puts me right at making ends meet but if not I’m worried I’ll be out way more in the end paying 2k for a lawyer and then more for the settlement.
What is the amount they are suing for?
As far as paying with your checking information over the phone, as long as the debt is legitimate, and you have the deal in writing first, I am good with paying via ACH over the phone. If it is not in writing first though, that is a solid no.
The full amount was 10250 but lowered it to 6648. They made that agreement with me over the phone said they would fax me on the 18th and pull the 1st payment out of 2216 on the 19th should I tell them to hold off incase they don’t send that fax over in time? I’m not sure why but they said the fax takes 3 days to get and they don’t do emails. I had to do 3 payments due to my bank having a limit on a daily amount I can take out each day.
I would probably go with this deal if it were me.
An attorney has a cost. You already have the reduction you reached and agreed to. You may have left money on the table, but going back to explore a lower outcome now is not likely to be all that productive (given they are sending you the deal in writing). If you balk on this, and an attorney potentially saves you another 1500, but charges you that amount as a fee, the math is the same, and there is no guarantee the deal will cover their fees.
If you do not have the fax in time for the payment date, and were it me, I would cancel the deal and get them to re-letter it with enough time to receive the fax or mail.
We were using Timberline for Consolidation for two years. We had a chance to fund 19k (55% of AMEX Balance collectively, two cards: $16k and 19k) to make an offer for lump sum, and Zwicker filed suit in court two weeks prior, and we hadnt known. (Just moved out of state).
We dropped Timberline from these accounts (Amerilit scared us with thier scammy conversation even though we were paying for them through Timberline).,, now we are hoping to reach a lump sum agreement with Zwicker i guess,,any advice on how to approach this?
Did Zwicker file the AMEX lawsuit in a state you no longer live in?
Have you filed anything with that court yet?
I received a letter from Zwicker & Assoc for a Discover Babk balance of $1155. They are proposing a $903 reduced payoff. I am currently undergoing Social Security Disability and am living off of my dwindling savings. Can I negotiate a lower rate with their non-attorney reps? If so, would $600 lump sum be a reasonable offer that they may except?
I tend to see Zwicker be more aggressive on Discover collections. I would be prepared for 60 percent or higher settlements. Not that getting Zwicker to go lower is impossible, but it is less common in this particular situation.
Thanks I am going to try that!
I was served with a summons from zwicker for a debt to their client ,Goldman Sachs. The amount is about $11k. If I am willing to do a payment plan is it wise to contact Zwicker directly and tell them that… or should I just file my appearance form by the return date to buy time? Or do I have to make sure I do the appearance form no matter what?
You can call and talk about the payment plan, or respond to the lawsuit first, and then call Zwicker.
If you could settle for less than what is owed, and even set up a payment plan for that, would you be interested in that?
If so, you can schedule a call with me to talk strategy here: https://calendly.com/debtbytes/15min
It’ll be interesting to see where my case goes. I entered a debt settlement program with Huron Law Group a year and a half ago. Most everything paid off except for Discover, we were waiting for my account to grow a little before they began in with Z&A. Got served by Z&A on behalf of Discover for almost $6,000 A WEEK after I called Huron asking about Discover. They’re my legal reps, too, and assisted me with my paperwork. My account, after tomorrow, will be at around $2,600. In two more months it’ll be close to $4,000. Here’s to hoping they’ll settle for that 60%.
Thank you for these forums, it ha made this much more helpful to understand. I have an old Amex Debt for about 35K, after 6 months (1/20) they started reporting it as CO and I got letters from Zwicker. Amex reports CO every month, which is something I’ve been able to find almost nothing on. In May I rec’d the notice of rights, then in September I rec’d a letter form Zwicker saying Amex wiling to settle for 75% of total amount, agreed in 12 monthly payments. I can’t afford the over 2K it would cost a month and am considering my next steps. Does it make more sense to write a response to offer less (like 50%) and extend the monthly payments over 18 months or to just not respond and see where it goes? Someone told me that if you respond it speeds up the process for lawsuits, etc. Now that I am able to to address the old debt, do the right thing, and improve my credit – I really want to but don’t know if I should call, write, ignore?
I find it better to be proactive with communication when you have a goal, and are being realistic with what you can accomplish.
If you are confident you will be able to pay if Zwicker approves a lower settlement deal, approves more time to pay, or both, I would start that conversation if it were me.
Sued by Z&A on behalf of US Bank for a balance of $9,934. Tried to settle with creditor for under 40% with no success. Zwicker does not mail any legal documents. I found out i was being sued when i received law firm advertisement letter. I called Z&A and was informed I was already served. Never was served! Received copy of Summons & Complaint via email from Z&A. I filed Answer just to protect myself from default judgement. I also filed a Motion to Quash Service. I have court date tomorrow, 8/26/20, in San Bernardino on my Motion. I tried settling with Z&A last week with no success. My plan is to try and settle with plaintiff attorney before we see the judge. Hoping to get a Covid-19 deal! lol If can’t settle, I am going to ask judge to grant my Motion & dismiss case with prejudice. I should have sought legal representation, but too late now. Wish me luck!
Good luck Juan!
Well, no luck. Plaintiff attorney has no settlement authority. My motion was rejected because I filed an Answer. I was a little nervous representing myself, but Judge was nice. Case is set for trial setting conference on 12/22/20. I called S&A today and offered 4K on a balance of $9,934. It was rejected. I have no choice but to retain legal representation. Michael, any atty recommendations in the Rancho Cucamonga area?
Go ahead and schedule a call with me here: https://calendly.com/debtbytes/15min
I can get a better understanding of your situation and go from there.
Michael, Since the pandemic started I’m seeing almost no new lawsuits on my county website in Texas from Amex. Is there an alternate strategy taking hold?
I have seen a little bit of softening on collection tactics in some areas of the country, but it is still full steam ahead with using the courts in others.
Sued by zwicker on behalf of amex. During litigation negotiations was able to secure a settlement of 30% lump sum payment on a $16k balance this was a counter offer to 12 month payments at 50% they originally offered. I retained a very good attorney to aid me due to the litigation, not sure if that why they agreed to the lower % then they’re known for. Regardless theres hope for targeting those % in 2020 it appears.
Nice work!
Zwicker took me to court over an 18K American Express bill and won. Approximately 5-6 years ago. I did not show up to court. I live in CT. The 18K + judgement was to be paid weekly by sending checks to Zwicker directly. I send 35.00 per week since then and have not missed a payment once. However my credit report shows a continuous late payment and does not show any past payments since the judgement. The balance is down to 8K at this point. The big problem is the credit reporting still showing late payments that are current which will take 7 years to go away once completely paid off. Is this correct – can they still report late payments this way? I will have had late payments on my report for over 20 years even though the judgement was years ago?
The negative AMEX reporting has a 7 year shelf life from when you stopped payments (before Zwicker got involved). It sounds like you are a year or so from this hitting that 7 year mark.
Check your credit to make sure it falls off when it is supposed to. If it does not, let me know and we can go from there.
It is normal for monthly payments on charged off collection accounts to not update you your credit.
I’ve been back and forth with Z&A for the last few years for a Discover Student Loan ($4150) that is about 15 years old. Sometime over a year ago I made a few small payments of $75 because they were harassing my father who co-signed on the loan. When I called them, they demanded at $350 monthly payment which I cannot afford (I only make $1500/mo) or they’d sue both my father and me. My father is retired, battling cancer and on social security (only making $700/mo). I can afford a lump sum of half the debt ($2000), is it possible to negotiate with them?
It is. I typically recommend getting help from a pro when dealing with Zwicker. You can schedule some time to talk about the situation and strategy with me here: https://calendly.com/debtbytes/15min
I have been enrolled in a debt settlement program with ClearOne Advantage since June 2019. In November I was sued by American Express/ZWICKER and Associates. I went to my first court date and have to go back soon for a second. They gave me a Grounds of Defense form that I have no idea how to fill out. I tried contacting ZWICKER directly, but they said they can’t speak with me since I’m working with a debt settlement company and would need to talk to ClearOne, but when I asked ClearOne to contact them they said they won’t because there aren’t enough funds in my account with them to make a settlement offer (since they’re working on a settlement with one of my other lines of credit), so I don’t know what to do, I just want to get this resolved once and for all, and not look stupid on my next court date.
Can you pull together about half of what they are suing for?
How quickly?
Hello. I received a hearing notice from Zwicker & Assoc. regarding the $27,000 I owe AMEX. I had some back and forth communications with the firm regarding my making a lump sum payment, and the lowest offer I could get from them was $13,900 (last summer). Nothing has happened since then, and today I received the notice. I have that much in savings, however, I don’t really want to give it all away at once to satisfy this debt. (This debt was accrued as a result of a divorce and zero alimony being paid for a year.) As a teacher I do not earn a large salary, however, I am trying to manage my debt and would like to take care of this. What is your best advice on how I should intelligently proceed with this matter? Thank you so much; I really appreciate your insight! 🙂
Is what you received a summons and complaint that they are now suing you?
Zwicker and Associates is suing me over three US Bank credit card accounts that defaulted, although I’ve been paying them weekly at this point, but not the full monthly required payment. I was served just on January 31st and I immediately sent a letter asking for settlement because I had sent numerous letters to US Bank since September telling them of my husband’s illness that caused us to default, and they failed to respond (all other creditors responded and in a positive manner and are working with me without suing), and I have laid all of this out for Zwicker and just hope they will offer to settle instead of having travel the 4 hours from me that they are. I am still in my 20-day response time at this moment and just wondering what the odds are of them responding to my offer of settlement so I won’t have a judgment against me, what do you think? I even offered to settle it all for 50% of the amount (and that’s what I offered to U.S. Bank way before suit was filed, with no response).
I recommend getting help with Zwicker and Associates. CLick on the get debt help tab at the top of this page and fill out your user profile. You can schedule a call with a counselor there, or with me here: https://calendly.com/debtbytes/15min
I received a letter from Zwicker & Assoc today for Amex $10,308. It says I’m not being sued. Says to contact them to discuss repayment with one of our non-attorney account rep. Should I hire a debt settlement lawyer or try to settle my self. I may be able to get $3k by March
Yes, I would suggest getting help from an experienced attorney. We have some available here. You can click on the get debt help tab anywhere on the site and build your profile in order to connect with your team.
You will likely need around 50 to 60 percent, but that can often be spread out over 12 months.
Wife sued by Amex for CC debt, 3 accounts, still current on personal Amex loan. Zwicker & Company out of Charlott.
Tried working out something when collections contacted us, no go.
I think we need legal help, someone who knows the system and the law firm, what do you think and any suggestions? We live in Raleigh, 3 hours away.
You bet, we have attorney negotiators here that will often get you half off and 12 or more months to pay. Click the get help tab at the top of any page on the site. Build your Resolve profile, and get connected with an attorney.
They all charge 15% of savings after you know and approve the settlement.
The may charge a couple hundred dollars to file an answer with the court, but that is not always necessary.
Hello, I have an account with Discover that was foreword to Zwicker and Associates. I stated getting calls from them and decided to call them back and discuss settlement. I was able to settle for 50%. However, I want everything in writing and requested a letter. They are refusing to give me a letter because they want payment first.they want my account information and I told them no. They do not want to take a check and want My account. Should I trust them??? What advice would you give me?? I have the money to pay them but I have read terrible things about them. They said that once I pay them, they can fax me a letter. Not sure what to do. I am having trust issues with them.
Curious as to what happened with this? I am in a similar situation and don’t want to just “trust” a verbal agreement.
Hello, I have an account with Discover that was foreword to Zwicker and Associates. I stated getting calls from them and decided to call them back and discuss settlement. I was able to settle for 50%. However, I want everything in writing and requested a letter. They are refusing to give me a letter because they want payment first.they want my account information and I told them no. They do not want to take a check and want an electronic payment. Should I trust them??? What advice would you give me?? I have the money to pay them but I have read terrible things about them. They said that once I pay them, they can fax me a letter. Not sure what to do. I am having trust issues with them.
Hello, I just got served by Zwicker and Associates for around 11k. The court papers say I have 30 days to respond. Anyways, should I call them and try to settle before judgement? Because I heard if it goes to judgement, it will be harder to settle, even 50% is hard.
Thanks.
I typically suggest getting help when you are dealing with collections in the court, or with a law firm like Zwicker and Associates.
You can click the get debt help tab in the upper right and fill in some brief details about what you are dealing with, and then schedule a time to talk with me.
Hello, I just received a letter/ settlement offer from Zwicker & associates on my American Express judgement from 2011. AMEX obtained judgment in 2011 for the amount of $15,000 and they tried income and bank account garnishing but couldn’t get anything. I’ve never heard from anyone until few days ago when, out of nowhere, I received this settlement offer from Zwicker. The offer was for $4500 to be paid over 12 months/ 12 equal payments that would satisfy the judgement. My dilemma is this: should I accept this, offer them even smaller one time lump sum payment or forget about it and see What happens. I live in Florida and I’m married. I don’t have any income ( my wife owns the business and the income is in her name and she isn’t part of the judgement), checking/savings account is joint, any other liquid assets are in my wife’s name ( since 2009) and my house is primary residence/homestead. I think I’m probably judgement proof but the judgement won’t go away. What would you do in this situation? Thank you
If it were me, I would settle and put this in my rear view mirror.
The offer is abnormally good as it is, but you might try calling them up to see if you can haggle a little more off. If not, I would take what is on the table, as it is not normal to get a judgment settled under 50% (even half off is typically hard to accomplish).
Michael, I have a college loan, Parent Loan, that originally was through Sallie Mae, was swithced to Discover Loans, and we did not know why we were getting things from Discover, and did not open as the envelopes looked like the typical open an account – not “important loan information” on front.
Suddenly we got a Zwicker and Assoc. letter saying our loan was in collection. We have tried reaching out to Z wicker, with no success. We have a Clear One Debt Consolidation Loan, and they will not allow settlement with Clear One. We dont know where to go, but it is giving a very negative impact on our Credit Score, when we are trying hard to get rid of debt.
Call in and talk to Andrew about resolving the private student loan Zwicker has. You can reach him at 800-939-8357 ext 4.
thanks
Hi- I recently began to receive letters in the mail from lawfirms stating that I was being sued for my 10K AMEX Balance through Zwicker. I looked up the NY court system and they sued me as of 1/17/17…although my last name is spelled incorrectly on the system. I haven’t been served yet. I’m also currently enrolled in the Century debt settlement program for about 7 months (when I stopped paying amex) although they haven’t been very successful. I’m thinking about going the DIY route with Zwicker at this point. What are my chances at getting a decent settlement in your opinion and what are your thoughts on why I haven’t been served and it’s almost been a month since the case was filed?
It is normal for it to take several weeks to get served.
You can settle with Zwicker directly, but how prepared are you with funds to do that? Do you have 5k saved up with Century Negotiations? Who are all of your credit cards with, and what are the balances? It may be better to buy time on the Zwicker settlement and be strategic with how you resolve more than just this one in a shorter window of time?
Unfortunately, no. I have around $1700 or so saved up. The only two balances I have past due are Amex and a discover personal loan of around 4K which is still with discover. Otherwise I’m current on any other of my accounts which is mostly Student loans and day to day expenses.
If it were me I may look at settling with Discover for 40% before they send it out for collection. This would prevent a second lawsuit (Discover uses the courts a lot too). I would then look at defending the AMEX suit in order to buy time to raise half of the lawsuit amount in order to settle that one out and prevent a judgment.
How long until you can raise another 5k?
Century currently has me at $250 a month so it’s a slow move. Being at that amount allows me to stay current in other places with some flexability but if push comes to shove I can add a little bit more a month if I needed.
I would be as aggressive in savings as possible with all of this. Find out if Century Negotiations can help you accomplish what I outlined. If not, you may want to go at it alone, or work with an experienced debt collection defense attorney in your state.
Thank you- one last question. Looks like papers were left on my door this morning for a course case. The summons was dated January 9…and was left today, and the paper said I had 30 days to respond…which is clearly past that. How does that factor in?
The time to respond begins with the date of service, not the date of filing.
Hola michael yo me he comunicado con usted otras veces con respecto a una deuda que tengo con amex y ziwcker and asociated , acabo de hablar con ellos y acordaron mandarme una carta en la cual ellos aceptan un pago de $4090 antes de el 17 de febrero. la deuda es de $10.200.
Como asegurarme de que esto es un pago final?
Quisiera que todo sea muy claro para no tener problemas futuros.
Gracias
Alex.