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 BoveeMichael 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. He is available to speak with you about your financial struggle and helps people resolve their debt problems daily.
I defaulted on $33,000 to AMEX back in 2017. I never heard from them and it eventually fell off my credit report. Now I’m preparing to purchase a home with my spouse and during my own due diligence process I found out there is a judgement on the debt for failure to answer / appear to a summon dated on Feb 2019 filed by Zwiker in NY. All the court docs filed were addressed to my old address including the judgement that was entered. As we’re looking to buy a home in the near future (3-6 months), I’m not sure if its worth it or even possible to try to appeal the judgement at this point as it could seriously impact our ability to close. Should I reach out to Zwicker for a settlement or explore my legal options? Thanks in advance!
My feedback will vary depending on the details of your situation. I suggest scheduling a call with me to go over the issues from several years back. You can schedule the call here: https://calendly.com/debtbytes/15min
My wife, who PG’d a business card from ELAN/US Bank in her and our business’ name, is being sued by Swicker for just over 23K. I have already filed an answer and a motion to compel arbitration. We have the first hearing tomorrow and I am wondering what to expect? In addition to the motions that I have filed, what else should I do or bring with me to prepare for the hearing? I am also wondering, with the clear arbitration clause in the credit card agreement, what would cause the judge to continue the case in court? I called Zwicher to ask them about what offers were on the table for settlement but we didn’t have the cash for the preferred lump sum and the monthly amount was not affordable given our other financial responsibilities.
How did the hearing go?
I have a Discover Card debt that Zwicker has filed a court case against me which I found crazy as I never once received a collection call on my defaulted amount. So this is for $7.5K so not a very large amount. I did file an “answer” with the court but haven’t received any court date at this point, about 3 months since my filing.
Now I would like to potentially settle with Zwicker but I am wondering how should I try to settle with them OR should I just wait for my court date and plead my case to the judge and accept his judgement?
If it were me, and I had resources to settle with, I would want to do that. You may want to schedule a call with me to talk through your situation some more. You can do that here: https://calendly.com/debtbytes/15min
Thank you, I will set up a call as you indicate that I can
I guess i have a judgement against me by Zwicker which i had no idea about and now i get in the mail a citation to discover assets to debtors bank for 19,000. is it to late to negotiate to 30 or 40%. I was not aware of all this nonsense because of my debt consolidation firm made mistakes. Or should i have a lawyer involved?
Who is Zwicker representing in the lawsuit?
Who was the company you had helping you?
What state are you in?
Were you ever served a copy of the lawsuit?
Can you pay a lump sum settlement or are you stuck making monthly payments?
How low you can target settlements can vary depending on the answers to the above.
I have about $ 70,000 debt as of now (15k with USAA, 25K with CapitalOne, 7K to family lawyer, 9K arrear on spouse support, $ 8000 Wells fargo and $9600 with Discover.
I have (or had) a house paid off. My ex seemed to plan the divorce well. I lost more than 112K in Texas courts.
The judge granted my ex child support and support in the amount of $2601. The lady claimed she has no skills to find jobs and pay for rent. The judge said she would live in the house for 6 and half year. Then the house will be sold
The judge did not even validate my net income or look in my debt so I was made pretty much homeless (I never see my other children living with mom. The judge cancelled the visitation my making me homeless.
After child support and spouse support taken and other taxes , SS, I am left with $ 1100 every 2-weeks (so 2200 every 4 weeks). I have one child living with me, my rent is $ 1400, internet and phones are $ 203. CapitalOne has accepted $ 125 monthly, USAA has accepted $ 50 monthly, Wells fargo $ 250 monthly. Other than Wells fargo , all my other accounts are charged off.
I started paying Discover $ 75, but yet Zwicker filed against me on behalf of Discover.
I contacted Customer service, they would accept only 7580 which is about 80%. I do not have a penny left even to fix my car.
I went from homeowner to homeless in Texas.
What could Zwicker got from me?
If Zwicker and Associates gets a judgment they typically have the option to levy a bank account, file a lien against property, and garnish wages.
Texas has some decent head of household wage garnishment exemptions you should look into.
If your name is still on the property, a lien could potentially be filed against it.
Your bank account will be at risk.
Have you looked into getting a fresh start with chapter 7 bankruptcy?
Yes the house is on my name only. The lien has my name only but the lady and some children live there. I have less than $ 200 in my bank account. I do not object if they take that. Pretty much, even child support office told me to pay when and what I can pay about the arrears (because they know there is no money left). The sad thing we asked proof of finding from divorce judge.The judge asked Opposing (foreign female who understood the power of women in US). She lied about net income and the judge signed (wrong info). I paid transcripts for court documents. I feel sad a divorce court does not know how to calculate children while we have link of child support calculation on Attorney General website. Simply child support is calculated against net income not gross pay but they did not that in my case. I do not mind if they put a lien on the house. I know my ex would prefer execution than losing the house.
I have 2 questions for you.
1. Is it important to show that the divorce judge screwed me (her signed documents of income is false, I assume this court would know how to calculate net income and they would understand the source of my agony perhaps.
2. Do you think sending the documents to zwickerspc (such as child/Spouse support, rent, pay check before the court hearing) make them stop proceeding and ask for settlements.
I would talk to a divorce attorney about what is needed to get the family court to correct their view of the financials.
I do not think sending those documents to Zwicker will get them to stop the proceeding. Going over your situation could assist in a settlement, but you need the money for that.
I am very impressed by your quick communication. Thank you. Hopefully this is my last. As for the family court, I gave up any hope. I have a full idea about Texas family court now. Attorney fees caused this shortage of money so no more family court.
In this case, for about $ 9400, Discover customer service told me, they would settle for $ 7580. They told me that Discover is different from others.
I would settle for $ 4000 or $ 4200 cash lump sum (I could easily get money from friends).
I did not talk zwickerPC lawyers yet.
Okay, being prepared with cash makes your goal much simpler to accomplish. I suggest scheduling a call with me here: https://calendly.com/debtbytes/15min
We can talk about how to get this done.
As for your comment on ‘Have you looked into getting a fresh start with chapter 7 bankruptcy?”>
I cannot file for bankrupcy after using people’s money. I have to pay and I will pay. My religion does not allow me for not paying. Even if I have to live on water and bread, I would do. If the lenders themselves reduced the loan burden, I will be happy. Otherwise I will work to pay as long as I am alive and I have income.
My opinion is based on
7. So whosoever does good equal to the weight of an atom (or a small ant), shall see it.
8. And whosoever does evil equal to the weight of an atom (or a small ant), shall see it.
I went to the court. Zwicker and Associates made my life very easy. I cannot thank them enough.
They offered me big discount and relax payment.
Did you hired a lawyer to represent or did you do it yourself?
No I represented myself. I greeted the folks waiting outside the court, Then I was introduced the Zwicker and Associates lawyer and we chatted for 3 minutes.
?
Are there any ethical concerns with the aggressive tactics used by Zwicker and Associates in debt collection lawsuits, and what are the potential consequences for consumers who are being pursued for outstanding debts?
Can you be more specific with your question regarding ethics? Collecting unpaid debts through the courts is a constant in America.
The consequences of collection in the courts is something I lay out more fully here: http://consumerrecoverynetwork.com/question/can-you-negotiate-and-settle-a-credit-card-debt-if-you-are-being-sued/
I have a judgement with Zwicker that was granted in 1/19. I was working with Anchor Law firm and thought that they were handling it, but obviously not. In May of 2019. They garnished my checking account for $819.94. I have heard nothing from them since then, until yesterday that I was served papers stating that they are requesting a revival of judgement. The papers I received states that I owe $7000. I have 14 days to file an answer with the court. I do not know if the money they garnished out of my checking account was taken off of the balance. A judgement in Colorado is only good for six years. Therefore, it will be 6 years in January which is why they are trying to revive the judgement. I do not have money to settle. What do I do?
Judgment debts can be settled for less when you have saved up enough.
Judgment debts can be discharged in bankruptcy.
Payment plans on judgments are an option when you do not have enough to settle with, but want to avoid another bank levy, wage garnishment or property lien.
I would like to Revoke Power Of Attorney & to work directly with zwicker@associate & to resolve my account. to remove c@d on file
Who is the company you hired to help you that put the Cease and Desist or power of attorney on file?
Zwicker sued me and I request for motion to compel arbitration and they request to deny my motion. Judge set a hearing and Judge gave is a pass, so that I can get representation, but they did not show up. Why is it if we don’t show up for court, they can get a default judgment, but if they don’t show up we can’t request a dismisall?
Great question! One I have wondered many times over the years.
I have been in a debt relief program with Beyond Finance for a little over a year. My one debt remaining is with Discover. They hired Zwicker to sue me. They have now offered a settlement for about $12,500, down from just over $15,000. They want it paid within 24 months. I can’t afford the payments, and want to ask for a 36 month payment term. Beyond is pressuring me to take the first settlement saying Zwicker will likely increase the amount I have to pay if I counter. How true is that?
Is there an active lawsuit? If so, what is the status of the case?
They have apparently filed a suit, but I have yet to receive any sort of summons.
You can schedule a call with me to talk through what you can expect here: https://calendly.com/debtbytes/15min
I have received two letters from Zwicker (Amex) with a settlement amount…I overlooked the deadline, but also needed to get my ducks in a row before accepting. Today I called and learned of the deadline, totally my fault, I overlooked it in the letter and now they’re saying that they couldn’t offer that settlement…even when I offered to pay $1k today. My question is whether I should wait for another letter or move forward? There is a judgement in place and I paid towards it, set up a payment plan and was told they would send me the details on where to make the payments. I never received any of that, but 6 months later, I received the first of the two settlement letters.
I need to know more specifics about your situation before I can offer feedback. You can schedule a call with me here: https://calendly.com/debtbytes/15min
Hi, I had set a payment plan with this firm I had 400.00 left to pay and I had covid which left me with out any money. I emailed them and explained on the day i was to send the payment.
Hello, this is pertaining to a “student loan”.
I was sued back in 2011, then I went into bankruptcy, never heard from them, now 10+yrs later Zwicker came back to continue the lawsuit with MEFA. I was willing to drop the case, I owe over $64K, they wanted a down payment of 30%, can’t afford it. The payment plan they are proposing I cannot afford, so they stated they will continue collections. What do I do now? I have not signed the Agreement to Judgement (whatever that means). I saw online that they were sued in 2016 for unfair student practices. I’ve tried to consolidate this loan with my other student loans, but I was told it is not a student loan.
Was this loan listed in your chapter 7 bankruptcy?
I just noticed that my discover credit card debt have been sent to zwicker.
How to even start to make a settlement? They offered 70% of it and I turned it down, obviously, I am aiming for 30% of it or little higher than that.
That is an unrealistic goal in this situation.
When were you served? Have you responded to the suit through the court yet?
Zwicker sued me for 1800 AMEX , They canceled my card after 36 years. Because they enacted their safety on my online home. Depot purchases and home depot is not a safe key merchant, So nobody could figure out what it was. I ended up Avenue to go down there. Use my credit card in person it worked , When I called them to find out what the problem was. The customer service in a foreign land kept telling me there’s a block for online purchases and putting me on hold. So I gotta grated and I told him to take that block off right now and I said a bad word and I hang up.. Forgot all about it paid my balance in full and September. Like I always do then comes october when my annual fee comes due, I paid the full balance which includes the annual fee on the 25th., On November 3rd I received cancelation letter. And november fifth they had already turned me over to collections. I had credits That we’re coming in but I contacted them immediately after getting the letter. Told them when the credits came in. I would pay the bill.. Well, they cut off my online access. And they never sent me and I demised statement just a balance. Contacted zwicker and American Express over 10 times no return calls., No return email. In august of twenty twenty three I get served with a lawsuit for a different amount than the placement notice for american express.. I have never received validation letter as required by law. Even when they sued me. I had to file a motion for discovery to get the proof of the debt which still, they denied me the validation letters and said they were irrelevant.. And that they would cause an undue Burden to find them, really? It should have been your first contact with me. , Inconsidering there was no more contact. It shouldn’t be hard to find.. Even though they are in violation of the FCC PA and the F DCP A., They went ahead and against the rules of the court., You know, laterally canceled the pretrial conference. The third one, the second one. They just didn’t show up., And instead, they scheduled summary disposition.. I showed app for the third scheduled pretrial hearing. Because they didn’t cancel it until Friday. January fifth, in the court date for the pretrial was January 9th.the next Tuesday. Obviously I didn’t get that letter in time. At that pretrial conference they canceled. I intended to tell the judge. I hadn’t gotten all of my discovery and about the violations, but that was canceled. And we moved straight to summary disposition. And they got a judgment against me today. Even though they’re war material facts That were unaddressed. and discovery outstanding. They never once tried to Settle with me. Nothing they have been the nightmare from hell. I would have paid them today, but they ruined my credit for 7 years without informing me and will not tell me when that started. They say that these credit companies are not associated with swicker and went on to name the 3 and explain them. I’m already well aware of that. They turned me in And ruined my credit. before they ever even validated the debt. And now they got a judgment. I am so disgusted. You know, if I hadn’t shown up for a pretrial conference. They would have got a default judgment. But when they don’t show app and they cancel it unilaterally against the written rules of the court. It’s fine no problem when they don’t Follow the law regarding the validation. That’s fine, no problem. I don’t understand this Justice system. And the way that the courts always let the big guy. Steam roll the pro se lit again.
good day,
i have a current debt from amex that zwicker and associates are now attempting to collect. It is for an LLC involving drop shipping through amazon. I now owe 67k after about 8k in late fees from amex. the original debt was for 59k. i had a situation where amazon deactivated my account and froze my money. Meanwhile amex sent it to Z&A and I dont have that amount to pay. i want to try to negotiate for a lower amount but I am not experienced at it. The letter i received is not a summons but i fear it will go to court. i have yet to respond in fear of saying the wrong things. What should i do?
I replied to your form submission through the site just now with a link to schedule a call with me. You can click on the get help tab at the top of the site to schedule time with me too.
I can help you get your bearings on your total situation, and workable strategies for Zwicker, on that call.
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 was able to get a settlement agreement with Zwicker, but I’m not able to make the agreed payment due to additional financial problems. Can I renegotiate the settlement and extend it more? Or will they then enforce the judgment to place a lien?
Did you sign a stipulation as part of your settlement agreement?
How temporary is your financial set back?
I have occasionally gotten more time to pay on an existing settlement with Zwicker, but each situation is different.
You can schedule a call with me to talk through your strategy.
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.
Cuando usted consigue la letra usted puede enviarla por correo electrónico a mà y la repasaré con usted para cerciorarse de que cubra todas sus necesidades.
I had a citibank student loan that was sold to Discover student loans. It has subsequently went to Zwicker and associates. The original loan amount was $7500. I have paid back over $8000, but I have been sued for $9600. It has been entered as a judgement. I have some money, and I want to settle, but not for the amount they are asking. They have no idea where I work, so they will have trouble garnishing my wages. I’m willing to pay them a significant amount, but I am hoping they will settle for about 30-40%. Any chance that will happen?
Judgment debt is hard to settle for less than 50%. And 50% can be a battle to get to.
Hola Michael mi consulta es debido a un saldo que quedo en la tarjeta American Express debido al fallecimiento de mi esposo titular de la misma el dia 7/9/2016 desde fin de septiembre q me comunique para avisar no se comunicaron conmigo y hoy me dijeron que me tengo q comunicar con Zwicker y asociados Mi miedo es q ya pasaron 4 meses y no quiero juicios ni nada de eso q Umentan cada vez mas la deuda por eso quisiera saber si puedo comunicarme con ellos pero el numero q tengo no se habilita xq no tiene codigo de area yo vivo en Buenos Aires Le agradeceria me ayude con los pasos a seguir muchss gracias
Este es el número que puede llamar para comunicarse con Zwicker and Associates al (978) 686-2255.
¿Es su objetivo resolver la deuda de alguna manera?
Hi Michael, here’s a question that relates to this thread: Zwicker has my debt, but it’s from a defaulted private student loan (and hence, a TON of money). I’m working with them on a payment plan, but, somewhere down the road if I save up money, would a settlement be possible? Or am I stuck paying all of it. I mean, between when I took out the loan and when it went into default, interest increased the debt by 50% more than what I took out (thanks so much completely unreasonable interest rates for student loans which rivaled that of a past-due credit card). Anyways the short and long of it is — will I be paying this off forever, or is a settlement possible. And, if I miss a payment here and there, will they likely try to sue me? I started making payments as soon as the debt was sent to them.
Call in and talk to Andrew about your private student loan options at 800939-8357 ext 4. He will cover what you expect right now, and later on. And yes, you can often circle back and settle a debt this far into collection even though you are making payments.
Thank you!
I was served papers roughly 7-8 months ago showing that I was being sued by Zwicker and Associates for the amount of about $5000. This was on a Synchrony Bank credit card through Walmart that I stopped making payments on due to loss of income in the home.. I submitted a response and shortly after recieved a letter from the county(in Georgia) stating that the case was being sent to mediation. I’m apparently going to hear more about the mediation this week since it’s been 180 since I received the letter. Also, earlier this week I received copies of litigation paperwork from Zwicker and Associates wishing for judgement. Then today I received a call from them and was given options of payment. I was offered a lump sum payment of $3,075. I advised them I’d call back tomorrow after discussing options at home. Realistically I wish to try and make a lump sum payment of $2,500 – $2,700. How would I go about this? Do I call back and state that’s what I can do? And what should I think of the copied documents they sent me wishing for judgment of the full amount?
If it were me I would call back and make that counter offer. You would want them to send you the settlement agreement in writing.
If you can get all of this accomplished before any hearing or document response deadline, or a court ruling on any motions, it typically would put an end to the case.
Thank you for this article! I’ve set up a consultation with you!
I received from Amex stating an account with info to be closed removed from reporting credit reposts due to Fraud Investigation confirming account charges not valid.
I’m now dealing with a court judgement with that same account.
And have a Objection to Levy court date soon.
Can this letter from Amex be submitted as evidence?
If you filed complaints of fraud and this is the result of that, and it means the collection lawsuit and judgment are bogus too, I certainly would. But talk over your situation with an experienced debt collection defense attorney in your state.
Hi Michael,
Would like to know how to go about this…. Zwicker and Associates have opened have sent case to court for $6800 AMEX …. I sent an answer in terms of Requesting Validation along with Production…It has been over 2 weeks since judge received my answer but zwicker has not responded was i wrong to request validation/production? Should I have requested a Settlement directly from AMEX or Zwicker Assc?
Should I wait to get Validation letter before requesting Settlement?
Once you are sued there are specific ways to validate a debt, and it is not typically going to be in the manner you would mostly read about online (sending a letter requesting validation in response to a dunning letter). There is more to it when in court, which is good and bad.
Once sued, you can typically negotiate at anytime, even while preparing for trial, or the morning of.
You typically have to deal with Zwicker and Associates once American Express sends the account to them for collection.
Is your goal to settle? How much can you raise in a lump sum?
My son has a judgment from Amex for around 20k+.. judgment is about a year or 2 old. My son is 25. he is not working and went through some tough times. I’m helping him get back on his feet now that he cleaning up his act. He was a very hard worker and responsible and got mixed up with wrong crowd. He has no assets other than a car worth 2000$, and no job right now. I’m willing to settle the debit for him but can only afford around 5k-7k$. Any suggestions?
Wait until you have about 50% saved up. You may need a bit more than that. It is possible to get the settlement and term payments, so you could negotiate the debt now, make a big down payment, and then spread the remainder out. It is a real chore to deal with Amex debts in general, which is compounded by dealing with a judgment and Zwicker.
If you want help, fill out the Talk to Michael form in the right column. I will see that and email you to set up a time to talk on the phone.
Here update on our situation that might help some of you. I settled my sons debit that after it went to judgment for 17k , settled one time payment $6700.
I received a wage garnishment for an old, previous marriage Discover debt from 2011. I had no idea it was even out there, as I was never served. I called Zwicker to see if I could arranger a settlement amount (total is 7k) or a payment plan. They want me to send them paycheck stubs, which sounded like they were leading me down a dark path!
Advice on this?
Fill in the talk to Michael form in the right column on this page. I will email you when I get that and set up a time that works to talk on the phone. It is only a good idea to send things like that to Zwicker when it proves you cannot pay. I would not send anything if it showed them I am good target to pay the balance back.
Hello,
I am being sued for a second time by American Express for the same account after settling the account this past February. It started in January 2016 when I was made aware that a suit had been filled against me by Jaffe and Asher on behalf of American Express. The balance at the time was just over $14,000 including about a years worth of interest and late fees. I settled the suit thru Jaffe and Asher for $8,500 in February and received a settlement letter. I thought the matter was completed until I was checking my email tonight and received a notice from LifeLock ( a membership that I have) that I had a suit or judgement filed against me. I couldn’t figure out what it could be as I’m up to date with all other cards and bills. The notice shows that another suit was filed against me yesterday, September 13,2016 by Zwicker and Associates on behalf of American Express. I have no other information at this time as it is after business hours for everyone but I am in a bit of a panic. I would greatly appreciate any help or guidance you would be able to provide me on next steps. Also, I have not been receiving any calls or mailings from Zwicker so this came out of nowhere. Thank you for your help.
What did you find out Courtney? Let me know in a comment reply, or call me at 800-939-8357, ext 2, if you still need help.
I received a summons on a Discover account for 8k. Kept my head in the sand and received a judgment. I just received a garnishment vs me and my bank. It’s an old account I rarely use anymore. I primarily use another bank that my wife is the primary account holder. Will they go after that next? Does this garnishment letter mean they also went to my employer?
Will they still be open to a settlement or payment plan without garnishment? I don’t make much and have 2 small children I provide for as well. I can offer a lump payment of about $4,500 now…We don’t own property. In the garnishment paperwork, it says there is no property to satisfy the debt.
My main objective is to avoid my employer finding out and getting this over with…
Some states do not allow garnishment. What state are you in?
If your name is on the other account you can take yourself off for right now until you resolve the Discover debt with Zwicker.
You are being realistic about what it will take to settle this. Call in if you want help. You can reach me at 800-939-8357, ext 2.
I signed up with freedom debt relief and they assured me they could help me with my financial problems. 4 years ago my husband lost his job of 20 years. He got another Job quickly but is earning half of his previous salary. I was a stay at home mom but have returned to work to make ends meet. All of our debt has been paid through FDR except 2 discover accounts. We have a judgement against us on 1 of the accts but not on the other yet. We paid the extra fee with FDR for an attorney but she has not done a thing to help. In fact she is the reason for the judgement because she did not respond in the 30 day allowance. We are done with FDR now because Zwicker will not deal with them. We want to call them ourselves but do not know where to begin. One açcount is 18k and one is 19k. We cannot do a lump sum but can make fairly decent monthly payments. Any suggestions on how to deal with them?
Fill in the talk to Michael form in the right column. We can email each other that way and set up a time to go over some details on the phone.
I don’t see the “talk to Michael” option to respond ?
It seems to disappear if you are using a mobile device. You can always call in at 800-939-8357, and press ext 2 to ring me.
I am being sued by them. It is for Care Credit. I have no idea what to do and how to proceed. I have very little money. I just received the paperwork and have 30 days. I cannot afford an Attorney. What do I do?
What is the name of the Plaintiff?
How much is Zwicker suing you for?
What state are you in?
I have a judgement for a debt with syncrony bank 12K and change, that has gone to zwicker and associates. I have not worked since 2009 and am disabled. Still waiting on a hearing date. I have no money, just property. I will start receiving early retirement end of sept, when I do, I can pay zwicker $1000 a month. Is there any hope I can get the debt resolved to a lower amount? and what is the harm of a judgement?
You can negotiate the debt down with Zwicker in many of these cases. I would target 50% of the balance at the time you are negotiating it. Can you pull 6k together quickly? That would be better than paying 1k a month for 12 months.
The have an article up that more fully describes the harm of a judgment.
I was sued by Zwicker and Associates, on behalf of Synchrony Bank. Will Synchrony Bank do payment arrangements on this debt? It is for $3500. Or would they settle for half that amount? I want to avoid court! My hearing date is set for September 15.
You can negotiate a settlement with Zwicker. How much you can get them to accept is a moving target and will vary from one person to the next. If you can come up with half of what Zwicker is suing for, how long will it take to gather the money?
You cannot typically contact Synchrony to set up a payment plan at this point. Are you certain it was Synchrony who sent the debt to Zwicker? What is the name of the plaintiff on your lawsuit paperwork?
I have been sued by Zwicker and Associates on a Synchrony Bank card for $3500. I don’t make enough per month, in the state of Virginia, for my wages to be garnished, but my spouse and I have a joint bank account. I want to pay this and not go to court. Will they take payment arrangements in this amount? I don’t have that much money up front. Will I need to answer the summons? Can I call Zwicker to see if they will agree to arrangements?
How long would it take you to save up half the balance Zwicker is suing for?
What was the date you were served?
I could half the balance of the $3500 before my hearing date on September 15. I have not been served yet. I did a search on my county court’s page and saw my name. Do you think they would settle for half?
I see Zwicker settlements for 50 to 60 percent. It takes some doing, but they do get done.
Will they do payment arrangements? I would rather do that.
They do, but the payments often have to fit into certain parameters. What is the monthly amount you can commit to paying Zwicker with total confidence?
I can pay $300-400 a month on that. Do you think that is something they would do? Would I have to go to court if they did agree to this?
It is possible to settle with Zwicker for less than you owe and get it spread over time. But they may want you to consent to a judgment if you do it that way. Check out this article about settling when sued.
Since you have not been served yet, you may be able to save up as much money as quickly as possible and be ready to settle when the case gets rolling, or shortly after. That may help you avoid stipulating to a judgment with Zwicker.
Would I have to go to court if I agreed to a stipulated judgment? Would I have to answer the summons if I came up with a settlement?
Most people I know that agree to a stipulated judgment, who have all of the documentation in time to sign and agree to, do not then have to show up at court. There are times I have seen where the paperwork does not show, so I would go to any court date if I did not have absolutely everything dialed in before hand.
If you settled, and also had that agreement in writing, and paid the lump sum prior to the court date, it would mean the case was resolved.
I live in FL. Own one house, paid off single car. I just got an introductory letter (no attorney assigned) from Z&A Disc 24K. Debt 6mos old. I don’t need any credit as live off land mainly. Have S Corp for everything else. Have other cc debts totaling another 23K that are in collections. What is the downside to filing chapter 7 or whatever as I can’t see paying them half within a year? Alternatives?
Your fully protected on the home in Florida if you file chapter 7. There may be some other assets that are not protected, so cconsult with an experienced bankruptcy attorney to get a better feel for what chapter 7 will look like for you.
If filing chapter 7 gets rid of the Zwicker lawsuit, and the other 23k of credit card debt, you can get rid of 47 thousand dollars of debt for under 2k. That is likely going to be more appealing than having to potentially come up with 12k to settle with Zwicker and possibly another 10k to cover the other credit cards.
Are there any major issues you are facing besides these debts? How is your health?
I am being sued by Zwicker and Associates on behalf of American express. They are suing for $4,932. I have been scrammbling everywhere trying to collect money for a lump sum and I was able to come up with $2000. Should I call and try to settle with them before I file my answer? I have 1 day left to file my answer and I am freaking out! Any help with this is greatly appreciated.
I have two more questions. In my complaint it says :
7. The plaintiff duly stated an account to the defendant in the amount due and the same was retained without objection.
What does that mean? Also, they did not attach my agreement to my complaint, but referred to i in the complaint. Are they allowed to do that?
Thank you so much for your help!
It sounds like they are saying they are not aware of you disagreeing with the amount owed.
Most situations will not require the collection law firm to attach a copy of a credit card agreement to the original summons and complaint.
I would file the answer first. I do not think you have much of a shot at getting that deal without it.
Thank you very much for your help. I filed my answer and mailed a copy to the attorney today.
I would wait a couple weeks before calling Zwicker and Associates to negotiate a settlement.
I am being sued by Zwicker for a Discover card account in excess of $5,000. I am disabled and haven’t worked since 2013. The IRS already levied my bank accounts, my car was repossessed, and my home went into a short sale. I already pawned all my belongings and am living with a friend until my social security disability gets approved. I have no income, and will never be able to work again, so there will never be wages to garnish, and all my assets are gone. No bank accounts anymore either. Do I really need to worry about this lawsuit?
Given what you shared, I would not be worried about Zwicker suing me right now. A judgment will result if you do nothing, but they cannot collect on it until your situation changes.
My elderly mother just recieved notice that she’s being sued by Zwicker on behalf of discover for 5616.32 and she is on a fixed income of social security and alimony only. She owns her home that is literally falling apart due to hurricane damage and an old car. She is concerned as a am I what can be done. I am trying to help her resolve this. She lives in Florida and I am in the Army in Maryland so I’m not sure if I can do much much? The paperwork says she has 20 days to respond, is that to the court or Zwicker? She has other debts so I’m wondering if she can file bankruptcy but she’s fearful of losing her home and car.
In Florida, her home is entirely protected in a chapter 7 bankruptcy. An old car likely would be too.
How much additional debt is there? She could settle the Discover lawsuit for a manageable enough amount to stack up next to the costs of filing chapter 7. But those other debts likely skew in favor of discharging all the debts in the bankruptcy. She can connect with a bankruptcy professional by calling the number at the top of the screen and pressing 3. You can also search for one by zip code at http://www.nacba.org
Can a judgement be removed from your credit if you pay your account off with this company?
Paying Zwicker and Associates for a judgment they are handling will generally lead to them updating the court that your debt is satisfied or paid. That will get updated to your credit reports and allow you to move on with your financial goals.
You cannot typically offer to pay the judgment with Zwicker and get it removed from your credit. See this article for more: https://consumerrecoverynetwork.com/question/judgment-collection-removed-from-credit-report-public-record/
A collection company sued me and got a Judgement in August 2014 for a $15,000 AmEx account that I last paid on in July of 2012. But I didn’t hear from them until February of 2016 regarding the Judgment. I made a couple of offers to this collection company but they refused them all. Then, this month I got a letter from Zwicker referencing the Judgment entered on the the account. I also got a letter from AmEx informing me that the account has been transferred to Zwicker. Does this mean the first collector is out of the picture. Does this mean that Zwicker will now sue or are they collecting now using the Judgement? I am in Louisiana and the SOL is 3 years… does this matter? I make minimum wage, have child support, do not own a car nor house, no assets at all and I have 5 dollars in my checking account.
You may be judgment proof now, but it would be a good idea to come up with a plan to resolve the judgment debt as soon as you can. The judgment can be renewed and is likely growing with interest. Your bank account and wages are at risk, and will remain so while the judgment exists.
What type of offer did you make to the prior debt collector?
What are you prepared to offer Zwicker and Associates now?
I was served by Zwicker in year of Dec 2012, they put judgement against me on amount of 10289.58, and they put the lean on my house , then i filed a bankruptcy and all debt were discharged in that bankruptcy, but i forgot to mention this account in the dept relief , so this account was not discharged in the bankruptcy. Now i want to clear this account with the amount which i can afford, so help me out solve this issue.
thank you
Give me a call to go over some options on the phone Krishan. You can reach me at 800-939-8357, option 2 connects to me.
Michael,
I was served by Zwicker last year for an AMEX account and began paying $500 per month towards, i think a $8000 debt. I had to stop paying due to a dramatic decrease in income. I then moved to another state.. I had my head in the sand and they had not called for some time until a few weeks ago. Now they are calling again, but my income situation isn’t any better. I’m paying child support and just trying to keep my head above water. I’m scared to death to take their calls, because I really don’t have anything to offer them. I’m considering filing for bankruptcy. I have been living with my wife (not legally married) for the last year and haven’t had to pay very much in expenses, but my new job is helping, but only a little, as I’m just part-time for the next several months. Sorry for the rambling. I just don’t know what to do. I can’t borrow money from anymore people.
Did Zwicker have you sign a consent or stipulation to judgment here in Idaho when you started making your payments? My feedback will change a bit if there is no judgment.
If I assume there is now a judgment in Idaho, my next question is how much total unsecured debt do you have including the judgment? It make a ton of sense to hit the reset button and file chapter 7 bankruptcy, but I would generally advise against over a debt this size alone, even if it is a judgment.
Let’s assume you could settle with Zwicker for half the 8k. How long would it take you to pull that together?
I have recently agreed to a $3545 settlement on a $12,064 Discover account with Zwicker and Associates, (my account was formally with Sessoms and Rogers.) I am awaiting a faxed letter of our verbal agreement and would like to know if I should release payment if it is not received before the deadline? I was also told that a family member that was financially assisting me with this settlement could contact them directly and make the payment on my behalf. Should I trust this?
The family member may have to have your verbal or written authorization, but they sure can make the payment on your behalf.
If you are waiting on the letter before making a payment, but the letter is not there yet before the payment deadline, I would call Zwicker and Associates and go over all of the details with them on the phone again, only be sure you are recording the call. Let them know you are recording and why (you are getting the details outlined because the letter is not there yet). They should not have any problem with it.
If you do run into any trouble let me know.
Thank you so much for your expertise. You truly have been a calming voice in this financial storm.
The letter was received today by fax and I am going to move forward with the settlement payment.
I just got served yesterday in MA for a suit by Zwicker. I owed Discover 19K that I last made a payment on in November. Coming up with a lump sum is not possible, since my wife is only working part time right now as we have two at-home toddlers. I have stable employment, so a payment plan is totally doable, but not a lump sum as we are mostly check-t0-check right now. Ironically, I just finished paying off my car loan and planned to divert that money into paying off other debt, including the Discover card. What do you recommend in my scenario?
If you could settle this for roughly 10k how long would it take you to pull that amount of money together? I ask because it is best to resolve a collection lawsuit with a settlement than a long term payment plan with Zwicker and Associates (when possible). You can participate in the formal court process and buy time that way.
If all you can afford to do is set up a payment plan you will often have to sign off on a consent or stipulation to judgment. That will prevent wage garnishment or bank levy (as can be applied in your state), so good from that angle, but can end up on your credit report along with additional concerns.
I was served with a summons from zwicker regarding my discover balance. I submitted an answer to the court stating I called discover letting them know in oct last year I was working with clear one advantage to pay off my debts to them and other cards. Now clear one is trying to negotiate with them. Is there anything I need to do in the meantime?
If you want to avoid a judgment I would stay on top of Clear One Advantage and also be sure they have enough money to accomplish the settlement.
How much is Zwicker suing for?
How much money do you have in your escrow account?
My house was forclosed this year. I have had numerous credit card debts that turned into judgements. I have paid many off over 3 years. I called Zwicker last month since theyou are are next in cue from Sheriff’s Office to be paid they said no. They want full amount. 6800.
If my house foreclosed isn’t debt null and void. I want to pay all my debts, though.They said 100 to 200 a month is not enough. I am paying 3 otherso now at same time. Please advise.
Give me a call to go over your situation in detail Cynthia. You are trying to take on too much from the sound of it, and may not be using the fact you just lost your home to your maximum advantage when negotiating with Zwicker.
The number to reach me at is 800-939-8357, option 2.
Zwicker refused to even discuss a payment plan after they first notified me they had the account. (I had lost my job and couldn’t pay the full AmEx balance.) I wrote them a letter outlining a reasonable plan, and they failed to respond. I re-sent the letter, and they again failed to respond. I mailed them $1000 in checks in accordance with the plan, and they returned them with a form letter marked simply “as per management.” They evidently were simply waiting to sue so they could add on additional fees to the original amount (which was under $8K). Maybe you’ve had success with them. I haven’t.
I typically negotiate everything over the phone from day one. I encourage people do the same too. Writing in serves little to no purpose in most debt negotiations. There are some limited exceptions, but Zwicker and Associates is not one.
You do want something in writing, to be sure, but that is typically when you want to see everything agreed to verbally in black and white before you send any money.
What did you offer?
When were you served the lawsuit?
I was sued in 2011 by Zwicker & Assoc. for an Amex credit card. The balance at the time, with court costs was $9081. I tried doing a pay plan which became untenable. I have irregular income as a self-employed business owner. They filed a judgment in 2012. I continued making payments as best I could. By 2013, they had filed a lien on my property. I live in CA, so when I do sell it in a few years the remaining balance definitely can be paid off. However, in 2014, despite my payments, they filed a Notice of Levy. I entered an exemption and they never contested it.
I have since paid the balance down to $5360. I just wrote to them to ask if they could accept this matter as settled since they can still get the remainder when I sell. What is the deal with them filing a lien AND a bank levy? And, is my offer to them in vain?
I would not consider what you sent to Zwicker an offer. You asked them to forget about the amount that is still owed until the house is sold. They are not likely to do that.
You can often settle the remainder for less than what is owed today. Can you quickly pull together 50 percent of today’s balance? If not quickly, how long would it take?
Zwicker and Associates took over a default on credit I had with American Express due to nonpayment. I was eventually sued for double the amount I originally owed to Amex. Which I think was all the late fees and high interest accrued when I stopped paying my Amex. I was sued in 2012 and currently have a judgement against me on my credit report. I received a letter from Z&A at a relatives address. Which is weird because the court paperwork was delivered to my address. The letter seems too good to be true. They are willing to settle for half the amount I was sued for and put on a 24 month payment plan. Is this legit and how can I make sure this isn’t a scam?
It is not a common offer to get out of the blue from Zwicker, but 50% settlements with 24 months to pay do happen, even with judgments.
Your file probably met a specific criteria to send the offer out. It is odd that it went to a relatives address though.
Can you afford to commit to the settlement? How stable is your income?
It just seems to good to be true. Bad part is I am about to lose my job AGAIN. Which is how I got in this mess to begin with. I am trying my hardest to find a new job but in this area none pay as well as what I have now.
The payments on this offer are VERY reasonable. But I just want to find out if maybe it’s a scam. And if I do set up a payment plan will they follow through with what they say and clear my record?
Letter states: By paying just 50% of the balance, you can avoid further collection efforts and settle the balance owed. Should you accept this offer, you will pay the settlement amount over 24 month period.
Upon receipt and clearance of your final payment, your account will be considered settled in full and no further attempts will be made to collect the remaining balance. At that time, a satisfaction of judgment and any other documents necessary to resolve this matter will be filed.
But what throws me off is it was mailed to a different address than what they have on file for the judgment.
You can call Zwicker and Associates and make sure they update your correct address (even though they have it), and tell them the relatives address should be removed from the system. In that call you can cover the settlement offer they sent.
They are not going to clear your credit report or the record of a judgment. They will update the court, once you fulfill the agreed upon payments, that the judgment has been paid/satisfied. That is all you need to accomplish some of your credit goals once a judgment is on your credit. And while you are following through with the payments you do not have to look over your shoulder wondering when a bank levy or wage garnishment might hit.
My biggest concern for you is whether or not the payments, while affordable today, can be maintained if you are out of work for long. There is no point to starting down this path if you will fall short and not end up putting the whole balance behind you.
Do you have any sort of backstop you can tap into in order to follow through with payments?
Just to make sure I understand this. The judgment will never be removed from my credit report but it will be updated and show that it was taken care of?
Also, to my understanding a judgment accrues interest and other fees. Why is that not mentioned in the letter?
The amount I originally owed was around $1,000.
Yes, $1,000.00 (one thousand dollars) By the time I quit making payments and all the late fees and interest were added the total came to around $3,000.
Now they are willing to settle for half of that and no mention of any other fees.
Is this possible or am I going to run into a huge ordeal when I set up payment plan?
There is no mention of interest because, in my experience, none is going to be charged. You should not run into a problem regarding this later if your payments are all made on time. If you do, post an update and I can offer some helpful feedback from there.
Most of these offers have an expiration date for you to accept. Did the Zwicker settlement offer letter list a date that it will expire?
What type of paperwork should I have when I decide to start making payments?
I have several people tell me to get it in writing.
Is the letter they sent me enough to prove this was the agreement to settle?
You are going to want a new letter from Zwicker and Associates if the amount of payments, or time you will be paying, is different than what you have gotten already. I cover the basics of what to look for in settlement and payment letters from debt collectors.
Thank you!
One more question:
Will I receive a debt forgiveness IRS form from American Express or Zwicker & Assoc for the remaining balance?
You should receive the 1099c from American Express. I have an article about tax on cancelled debt you should review.
Judgments do not stay on your credit reports forever. They last for typically 7 years from the date of entry in the court record.
If you resolve the debt with Zwicker they will update the court that you satisfied the judgment, and it does not matter if you paid them some or all of the balance (if they agree to accept less). This will lead to the judgment showing paid/satisfied on your credit reports. The judgment will still come off your credit reports on schedule.
I currently owe Zwicker 9k. I want to stall them to come up with the funds to settle for a lesser amount. How do I do this? They offered me $265 a month as an option. They filed a judgment against me in Feb 2016. Will they garnish me soon? I’m in Atlanta, GA
Zwicker can move to garnish your wages or levy your bank account right away, or it could take them a while. How long will it take you to come up with half the judgment amount? What if you could pay that over several months?
I have an $15k debt with Discover Student Loans. My Citibank Student Loan was sold to Discover. Due to hardship I defaulted on this loan. The loan was sold to collectors and now it’s in Zwicker and Associates hands. They mailed me a letter in early January 2016 stating that I owe $15k and would like to talk to me about payment. I haven’t heard anything since either via mail or phone. The original loan through Citibank was taken out in 2006. Citibank sold the loan to Discover sometime aftewards. Transunion shows that Discover closed the loan in 2011 for bad debt/profit and loss write off. Do I owe Zwicker and Associates anything? Should I even contact them since it may restart everything (SOL)? The debt appears to be valid, but lucky for me they haven’t reported anything to Transunion or Equifax yet. However, I am scared that they will do so eventually. If I have to pay I’d have to do a payment plan of about $100 a month because I can’t afford to give them a lump sum. I live in Illinois by the way. What steps should I take?
What state are you in?
What do your records show as the date you last paid anything on this loan (whether to Citibank or Discover)?
Post a reply with answers and let’s go from there.
Than you for the response. I last paid Discover in May 2011. I live in Illinois.
It would be highly unusual for Zwicker and Associates to accept 100 dollars a month toward a Discover private school loan that size. You could look to settle for a lump sum down the road, but assume you need 40%.
Zwicker actively sues on Discover debt. They may never on your account.
You could always call and find out what they are willing to do. Illinois is not a verbal acknowledgment state (where the SOL resets).
Thank you for the advice! I’ll call them tomorrow and see how it goes.
I have 3800 turned over to zwicker for discover. Will they work out a payment plan? Will they want a lot down? New to this whole thing
Zwicker does often approve monthly payment plans for Discover and AMEX accounts. You will have to ask them about what you can do with a down payment. You may just be able to set up the payments equally over a set period of time. They tend to want to collect inside of a 12 month window, but I have seen payment plans as long as 24 months.
Thank you so much for the reply, where would I find details from local courts in defending in myself?
Miami Florida.
Could you explain the last lines in your reply? Or can I call you direct?
I’ve been served by Zwicker on behalf of AMEX. I owe $18500.00- employed part time only currently and nil assets.I’ve spoken w debt defense attorneys but I’m unable to come with fee’s of $1500 approx plus 12% of what they save me- to enter into a payment plan.
What can I do??
Should I talk to Zwicker direct- explain my case or what would happen if I accept to go to court and plead my case? I have 3 kids and technically I’m not allowed to work here in the USA as I’m on work visa…
What is the end result you want to accomplish? Are you looking to set up a payment plan with Zwicker and Associates? What can you afford to pay them consistently each month?
Michael,
I’d like to stall any action with a monthly payment ($35-$50 p/m) for 6 mths so as I can look at settling with a lump sum in 6 -12 mths when I believe my current circumstance will change. Would you think this is possible?
Any payment arrangement now that Zwicker is suing will likely mean your having to consent or stipulate to a judgment. And I an not all that optimistic they will agree to 6 months of payments that low.
If it were me, and I could not afford an attorney, I would work at filing my own answer to the complaint following all local court rules, and engage fully in the discovery process. That is a tough road to travel (representing yourself), but could buy you the 6 months you need to raise the money to settle and avoid a judgment.
Also know that you can settle a judgment with Zwicker later on, and sometimes for the same amount you could settle with them today.
being sued by Zwicker for discover for 1950 my question is can they tap into my social security disibility?? thank you. also would they accept a payment of 75.00 per month.
Debt collectors like Zwicker and Associates cannot garnish you social security, even if they get a judgment. If your bank account only has SSI funds deposited in it, those funds are protected too (up to a certain amount). Just be sure not to mingle any non exempt money in your bank account.
You can set up payments with Zwicker. They may not approve that low of a payment, but you are likely close.
I settled a debt with them earlier this year. Original debt was BoA credit card of a little ok 10k. I settled for 5500. Make sure you get in writing and don’t give electronic access to the checking account.
They weren’t too bad to deal with overall. I express mailed them a physical check, so they will take a live check.
I have a lawsuit with Zwicker for American Express. I plan to file objections to many of their interrogatories and document requests.
Will this help delay the case or simply harm me? Should I request copies of the original agreement, etc.?
Thanks!
Actively defending the collection suit from Zwicker will buy you time. What is your goal for resolving the AMEX debt?
I am being sued by Zwicker and Associates also for 12k from Amex from 3 years ago. The debt was done by my additional card holder at the time whose business went bad so he wasn’t able to pay the whole amount back. At the time I called Amex and told them if I could keep making payments and they told me that I could but that eventually it would go in to collections. I gave a few payments and the account was eventually cancelled. I talked to them again and they didn’t want to work a payment plan they just wanted the whole amount. A few months later the Zwicker people contacted me to collect the amount and again I tried making a payment plan with them but they refused. They even asked me to take out my 401k. A few months ago I got a letter that I had a court hearing and I called them again and again they wanted a lump sum but I didn’t have it so they refused a payment plan. Now I have another court hearing in a few days, that I plan to go to since talking to them has got me nowhere. My credit is excellent, I have no other bad credits but this one and again it was because of my additional card holder who has never refused to pay back but again he can only do it in payments. Any suggestions going in what I can expect or do so they won’t place a judgment on my credit?
Thanks
Give me a call Karina. I want to dig into some details about your finances that will help me offer the feedback you need. I can be reached at 800-939-8357, choose option 2.
we were just turned over to Z&A for a $4400 Discover card that we are 6 months behind on. Discover had offered us 2800 to settle, but we didn’t have the money. Z&A want the full balance.
Can we expect to be able to get the same type of offer from them? Less? How likely is it they will actually sue us like they are threatening?
Can we go back to discover, or will they no longer talk to us?
We can probably get together the $2800 at this point. But that doesn’t appear to be an option with Z&A at this point. Any help would be appreciated.
Thanks!
Zwicker and Associates does sue regularly, so it is likely not a bluff.
Once Discover sends the account to a collector like Zwicker, you have to deal with the third party.
Settling with Zwicker is going to be tougher, but it can be done. How long will it take to raise the money needed to settle? You can call in for a consult about how to target the $2,800.00, and possibly less than that too. I can be reached at 800-939-8357, then press option 2.
i am being sued by zwicker for a debt that is 6 months behind with american express. The amount is $12000. I offered them $6000 cash but they wwant the full amount. Do you think they would take $6000 now and $6000 within 12 months? I have a court date for 3/20/15. I do not want a judgement against me.
Can you come up with more up front so that you are not waiting out the final payment? If so, how much more?
You may want to consider that answering the complaint with the help of an experienced debt collection defense attorney could potentially buy you the time you need to round up the money to settle, and avoid a judgment all together. Done well, I see you buying the 6 months you need. You can call 888-861-5226 and consult with a debt defense attorney at no initial cost. Let me know what happens with that.
Caving with the 6k now is not necessary, nor is agreeing to consent to, or stipulate to a judgment with Zwicker and Associates.