Zwicker and Associates Lawsuit or Judgment?

We are  a law firm that has defended thousands of lawsuits filed by Zwicker and Associates from defaulted credit card debt.  Zwicker and Associates is a law firm that files hundreds of thousands of lawsuits against consumers on behalf of their creditor clients.  

Who is Zwicker and Associates?

Their most popular client is currently Discover Bank and American Express.   Zwicker and Associates is a debt collection law firm based in Massachusetts and are known for representing creditors who have acquired portfolios of consumer debt, usually credit card debt.   Zwicker has offices all over the country with attorneys that seek to collect debt.  They are not simply a collection agency, they are a law office.  If you received a letter from Zwicker Associates it could indicate that a lawsuit will be filed if not already against your outstanding debts.

Usually They Represent Original Creditors

Zwicker sues on consumer debt and business debt.  They are consider the Plaintiff when they sue consumers for alleged debt.  The consumer is the Defendant in the debt collection lawsuit process.  Zwicker is considered a debt collector and they must comply with federal and state debt collection laws.  You may see their name as the attorney on your debt collection lawsuit.  They do not own the debt, they simply represent a creditor.  Many people believe Zwicker and Associates is a debt buyer, they are not a debt buyer, they are simple a debt collection law firm that represent clients.  Usually they represented original creditors.

Who They Represent

They often represent the following creditors:
  • Discover Bank
  • American Express National Bank
  • PNC Bank
  • SoFi Lending Corp
  • Goldman Sachs Bank
  • Citibank NA
Based on our thousands of debt lawsuits that we have defended against Zwicker Associates, the vast majority of their recent filings have been on behalf of Discover Bank or American Express.   If you had a Discover Bank Credit Card that went into default, this would be why Zwicker is contacting you or suing you to collect the outstanding debt.  If have received a collection letter from Zwicker or an actual debt collection lawsuit you need to take action.  A lawsuit is far more serious than just a collection letter or a negative mark on your credit report.
So what happens if you have been served with a lawsuit by the law office of Zwicker and Associates?

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What To Do When Sued By Zwicker & Associates?

Don’t Ignore the Lawsuit: Ignoring the debt collection lawsuit will result in a default judgment against you followed by potential garnishment of your bank account or wages depending on state collection laws.  This is more serious than a simple collection letter.  It’s a Court process that could give Zwicker the poewr to take your assets or put a lien on property that you own.  A lawsuit is much more important than simply having a negative mark show on your credit report.  A low credit score is not nearly as critical as a default judgment for not responding to a debt collection lawsuit. 
File a Response to the Complaint: When you are sued by a plaintiff like Discover Bank or American express on alleged credit card debt, You must respond to the lawsuit by filing an answer with the court within the specified deadline (usually 14-30 days from service). The deadline varies depending on what Court the case was filed in. In your answer, you generally must deny the allegations of the creditor or you will admit the debt and a default judgment will be awarded.
List Defenses: Debt lawsuits require a response, just like any lawsuit for bad debt.  In your answer, you can also assert any valid defenses you may have, such as disputing the debt’s accuracy, claiming the debt is past the statute of limitations, or arguing that you’re not the responsible party.  As the defendant, you must properly assert your defenses.  Zwicker may not be able to show adequate documentation.  However since they general represent original creditors like Discover Bank or American Express, they will likely have lots of documentation. 
Attend all Court Hearings (or hire an attorney): When legal action has been taken against you by a debt buyer, the Court will likely set deadlines and hearings in your case. Make sure to attend all scheduled hearings and proceedings and handle all deadlines. This is another reason why it is wise to hire an attorney who focuses on debt lawsuit defense.  Getting legal advice regarding consumer protection can go a long way in defending against a plaintiff in a debt collection case.
Obey Court Orders: Failure to follow court orders do so can result in adverse legal consequences.  This is different from the debt collection laws that creditors must follow prior to the debt lawsuit being filed.  If you fail to comply with a Court order the judge could ultimately hold you in contempt of Court.  This will not help in your path to debt relief, being held in contempt is not anything you want to mess with.
Prepare for Trial: A debt collection lawsuit often ends up in trial.  Many times there are multiple settings if it has been reset multiple times.   It’s important to get legal advice when faced with a debt collection lawsuit filed by Zwicker.  If you don’t have an attorney on your side, you are expected to understand the Court rules and procedures at trial.  If you are dealing with legal action against you, be sure to read all local rules of the Court as well as the applicable rules of civil procedure prior to attending your trial.
Consider a Settlement:  You or your attorney may be able to negotiate a favorable debt settlement of the lawsuit as opposed to leaving it up to the judge at trial. This type of debt relief is often a wise resolution to eliminate the risks of trial but you must make sure there is a valid written debt settlement agreement to ensure the bad debt is actually resolved.   The last thing you want is to settle then have Zwicker come after you later claiming more unpaid credit card debt.
Hire an attorney on a Flat Fee – A debt relief attorney or a debt law firm is often your best bet when you are being sued for debt.  Navigating the Court process for a debt claim can be complicated when served with a debt lawsuit.  Getting legal advice is key.  Additionally, you will likely be required to appear in Court one or more times. If you hire an attorney they will likely be able to appear for you so you don’t have to take off work to go to court multiple times.  You should know what the fee is going to be and avoid paying a lawyer by the hour since this could get very expensive.  At Weston Legal we only charge flat fees and we are very clear what the fees are as they are posted below.  We won’t ever charge any hidden fees or charge by the hour like most law firms.   Being a defendant in a debt collection lawsuit is not a fun process. 

What Happens With a Judgment?

Your Bank Account Can Be Frozen and Emptied by Many Judgment Creditors

A Judgment Can Often Cloud Title on Your Homestead Property

A Judgment is Published on your Credit Report as a “Public Record”

With a Judgment, certain property can be sold at auction to pay towards the judgment

Do I Need a Lawyer?

Without a Lawyer

Default Judgment
The vast majority of collection lawsuits end up with a judgment against the consumer. This is primarily because the consumer did nothing to protect themselves or they attempted to defend the lawsuit themselves.

With a Lawyer

Default Judgment

Most of our cases are dismissed by the creditor prior to trial or we reach a favorable settlement for our clients depending on the circumstances of their situation.

Our Results with Zwicker and Associates

1) American Express vs. Our Client
10ccv042068; Fort Bend County Court at Law No. 3
Result: Case Settled Prior to Trial.

2) American Express vs. Our Client
61616-0; Bell County Court #3
Result: Case Dismissed, no money paid to American Express.

3) Target National Bank  vs. Our Client
985321; Harris County Court #2
Result: Case Dismissed, no money paid to Target National Bank.

4) FIA Card Services vs. Our Client
979,864; Harris County Court #1
Result: Case Dismissed, no money paid to FIA Card Services.

5) Discover Bank vs. Our Client
JC09-01909D; Harris County Court #3
Result: Case Dismissed, no money paid to Discover.

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