For many people, getting sued by a firm they are not familiar with, for instance, Zwicker and Associates can be pretty frustrating and overwhelming. This is due to the fact that in the U.S, Zwicker and Associates is a large debt buyer in the United States, so they purchase unpaid debt from an original creditor. Then they prosecute you to recoup the money, so it is highly possible that you are not aware of Zwicker and Associates.
Before we delve deeper into this discussion, note that in every scenario, always understand your individual rights. Every year, we handle lots of legal cases involving folks being sued by Zwicker and Associates. From our records, of all the creditors in operation, this firm can be one of the more difficult to work with.So, we aim to shed more light on who Zwicker and Associates are, in case they have sued you or you have received correspondence that they are now taking charge of your debt situation. So it is in your best interests to be aware of how they operate so that you will be ready.
Who is Zwicker and Associates?
From what we have already covered, maybe you have got a collection correspondence from Zwicker and Associates and you are wondering what to do next. Zwicker and Associates is a California based company located in Concord that acquires debts that are not being honored (non-performing). Zwicker’s phone number is (925) 689-7070. Zwicker is an aggressive legal creditor who is licensed in multiple states. If you received a letter from Zwicker, it is likely that they will pursue judgement.
In case Zwicker and Associates have the information that you can easily pay your debt but you are reluctant, they might not settle upon you for a while. This rule, however, has an exemption, more so in case the debt close to your state’s statute of limitations. Thats said, we do see that this creditor will work with 3rd parties to settle the debt. We do see that the percentages they will settle for will vary based on multiple attributes. While the firm is used to squaring debts for lesser amounts than what is owed, Zwicker appears to apply a more advanced method to come up with the fraction that the firm will receive.
What can Zwicker do?
Now, while there are lots of facts and knowledge given here, what we really wanted was to set up a calculator that will aid you in understanding the ideal solution for you based on your particular case and our involvement with Zwicker and Associates. What this calculator seeks to do is assist you clearly learn your four primary options, plus their advantages and disadvantages in case Zwicker and Associates have called you, sued you or wrote to you.
Potential Zwicker and Associates Lawsuit Strategy
What is the reasoning behind Zwicker and Associates resorting to legal action regarding some debts and deciding to service some? Our theory is that Zwicker and Associates have a multi-directional approach when making up their minds who to prosecute:
- If you reside in a state that makes an allowance for liens, wage garnishments, and levies. This simply means if they can forcibly administer the court’s verdict against you in case they win the case.
- If you are in a financial position to remit payment to Zwicker and Associates but you are reluctant to do so. Note that there are systems in place to determine whether one person has a higher propensity to pay compared to another.
- What is the lawsuit’s cost-benefit analysis? This refers to how well prepared they are to authenticate the debt (the likelihood of winning), the irredeemable legal costs and the amount of debt owed.
- The period the debt has been active plus it’s nearness to the statute of limitation.
What are the options when Zwicker and Associates sue?
What I consistently tell people after Zwicker and Associates or another creditor have sued them is that this is a regular thing and together, we will overcome the problem. Having worked with many creditors with a litigation history, including Zwicker and Associates, we can assure you that they will deal with you, more so if you have gone through severe disaster or financial ruin.
How does a lawsuit for debt collection begin? This starts by the creditor or their legal representation filing a case in the state civil court and names you as the defendant. In the complaint, there will be the reason why you are being sued and what kind of payment the creditors are after. In almost all cases, this payment consists of the money that you owe including the accrued interest, all the late fees, and legal fees in addition to any court fees. The creditor or their legal team will personally inform you of the lawsuit by serving the papers to you. This summons includes copies of both the court subpoena and the complaint.
What does it mean if Zwicker and Associates has a judgement against me
In the event you ignore the summons, a default verdict will be requested either by the creditor or their legal team. Depending on the state that you reside in, the default judgment gives the creditor the following options:
- They can freeze your bank accounts
- Place a lien on any property (assets) that you possess
- Your wages may be garnished depending on state garnishment rules. Please see “When Debt Collectors Sue” for more information.
This is why responding to the summons is extremely vital. A huge number of creditors (Zwicker and Associates included) will work together with debt settlement companies and clients after the lawsuits are filed. When this occurs, make sure that you collect as many facts as possible regarding the debt. In most cases, similar to Zwicker and Associates, the party suing you is not always the original creditor. Check your Records and find out if:
- You validated the debt
- The amount of money Zwicker and Associates says you owe is true and whether you have such debt.
- The debt has passed the statute of limitations set by the state you reside in. If you are unaware of your state’s statute of limitation, feel free to use the above form for help or use your favorite search engine.
If you are sued by Zwicker and Associates you have other choices to fall back on, besides being part of the lawsuit.
Dealing with a Lawsuit from Zwicker and Associates
The minute Zwicker and Associates sue you; the first step is to make sure that you have such debt. Maybe this might sound insignificant but if it is an old debt, it might take longer to confirm.
Options if you own the debt:
If you have some creditors breathing down your neck, you have four primary options open to you and by using our calculator; it is easy to know which option will work best for you. Let’s cut to the chase and study these options.
1. Settle the Entire Debt
This option is not as easy as it sounds. Not many people have thousands of dollars at their disposal to pay their debts so this method can prove pretty challenging. Besides, the credit score and rating will probably by now be severely ruined. But if you have a small debt and the money to pay is available, plus you don’t have any other debts, you can go ahead and pay the full amount, though this is not viable for many people.
2. Pay the Debt Prior to the Verdict
When sued due to debts, most people prefer to settle the debt before the judgment is passed. On this note, you have three alternatives that you can apply and each has its drawbacks and benefits. It is advisable to carefully scrutinize your whole debt situation before paying the debt. For instance, by paying the whole debt, it is possible that another creditor will be hot on your heels demanding that you settle their debt too.
This is the point where you need to consult a professional financial advisor who’ll study your credit report and learn the possibility of other litigious creditors coming after you. Keep in mind that we provide such services free of charge, though if you have your own advisor, they should also offer free advice. Here are your options:
3. Pay the Debt Personally:
- This is the least costly method as you won’t have bankruptcy lawyer fees or debt settlement fees.
- You might not have a seat at the table when the negotiations are going on. In addition, you might get a more expensive deal/rate from the creditor as compared to using a debt services provider because these providers have experience in dealing with the creditors before and they know how to get the best deal for people with debts.
- Besides these providers usually have previous information about the creditors so they can negotiate a longer period to settle the debt so if you choose to pay the debt yourself, you will miss on such benefits.
4. Pay the Debt Using a Debt Settlement Firm
- Because the debt settlement companies regularly and consistently follow up on settlement information, they are always aware of how low a creditor will go.
- These providers should be well aware if the creditor will not settle and there shouldn’t be any charges unless the debt is paid, therefore there is really not that much risk.
- In addition, you can stay on the sidelines without entering the heat of battle with the other side’s legal team.
- It is vital to note that there is a fee charged for services rendered. While you might get a considerable discount, it is not a guarantee that you will get it, unless you are a formidable negotiator and wouldn’t mind joining the fray.
5.. Get Help from a Debt Defense Attorney/Bankruptcy Lawyer
- At this juncture, you have an attorney handling your case and trying to negotiate on your behalf. Keep in mind that the attorney can also decide to proceed to trial, especially if the debt isn’t yours or it is illegal.
- Better still, if you hate the limelight, this method will work for you as you will be not at the forefront of negotiating with lawyers.
- You will be required to pay for this service. Though you might obtain a great discount, it is not given that you wouldn’t be able to negotiate for the same discount yourself, more so if you are good in negotiations and don’t mind the negotiation sessions.
- If you decide on the last two alternatives, make sure that you are aware of the charges. The ideal fee can be a fraction of the debt saved (this motivated then to obtain the least amount).
- Also, if you are paying the debt in a lump sum, you will get a superior deal. Remember that the difference can be considerable. We have seen a case where a creditor was given the alternative of a lump sum 25% of the costs versus 45% of the charges in 2 years.
6. Find Out If Bankruptcy Will Work For You
After being sued, you might have to consider bankruptcy. This alternative is recommended if you have no way of settling the debt, plus you have lots of other pending debts, implying that the possibility of additional lawsuits is high. In this case, it is vital to factor in any assets, liabilities, or earnings (income) which can make this choice either too costly or unsuitable for your kind of situation. There are two common types of bankruptcy: The Chapter 7 Bankruptcy and the Chapter 13 Bankruptcy. We designed a Chapter 7 Calculator for evaluating if you are a suitable candidate and a Chapter 13 Calculator for determining your payment plan in case a Chapter 7 is not appropriate for you.
7. Don’t Take any Step and Wait for a Default Verdict to be given
In the event that you don’t have any money to settle the debt and you are not expecting any in the near future, it is advisable to sit down with Zwicker and Associates. In addition, I can assist with this talk. Still, if you need additional time to consolidate the money and try to pay the debt, you can file the reply to the lawsuit. We can assure you that we have made great strides in these cases and we can guide you expertly if we are not in a position to assist you.
If the Debt is not yours:
If you have irrefutable proof that the debt is not yours, you should fight the lawsuit. In other words, challenge the creditor to provide evidence that the debt is yours. This will throw the ball into Zwicker and Associates court. Remember, if you don’t have such a debt, then this is an open and shut case and you don’t have to worry. The contract/agreement that you signed was as a result of false or wrong information and if the contract was unlawful, it is advisable to seek expert help before going this route.
In such a situation, make use of free consultation and seek advice from a credible debt collection lawyer. If you are unable to afford a lawyer, don’t have one in mind, or just want to speak for yourself, you can write me so that we explore other options.
Some Things to Keep in Mind:
- If you come to an agreement to negotiate how to pay the debt with the collection attorney, make sure you get a written contract. In some cases, the creditors will need you to sign a document that states that in the event you miss the payments, there will be repercussions.
- After a lawsuit is filed and the debt process is now official, it means that there is a pending lawsuit against you. If you try to pay the debt before the case is filed, the discount will be greater and the chances of getting a higher discount will be slim.
Common Questions about Zwicker and Associates:
Zwicker and Associates have sued me and luckily, I might be in a position to pay. Should I pay my debt?
While you might be expecting a final ‘yes’, this scenario is not that straightforward. Let’s say you have unsecured debts of up to $50,000 and you are sued by a single creditor for $5000 of debts not paid. Next, let us assume that you can settle 75% of the costs. Will you be able to pay 75% of the charges if other creditors follow the first creditor’s example and sue you?How do you deal with such possible eventualities? What I can advise you is to look at your credit statement and render particular advice on the strategy to apply, consisting of the degree of litigiousness of your creditors. Most services offer this service because they have access to creditor lawsuit information and in addition, we can also happily do the same for you.
In addition, it is advisable that you desist from paying for credit reports. The government has in place an allowance for credit reports from the three credit bureaus each year. You can go to the FTC government website and check the AnnualCreditReport.com. The secret to a credit report review is to concentrate on particular trade lines and plus the balances connected to them. There is a report from Experian that will give more insight into “Understanding Your Experian Credit Report“.
In case Zwicker and Associates get a Verdict, is it possible for them to garnish my Earnings?
Well, this varies from one state to another. This article; when debt collectors sue will open your eyes about garnishment and state statutes. You can also take the form above to see that information.
Let’s say that Zwicker and Associates have gotten a judgment towards me, what is the next best step that I should take?
The instances where Zwicker and Associates will get a judgment against you without you knowing can be many, to say the least. For instance, you never got the summons from the court but the creditor will nevertheless request the judge to deliver a judgment whether the summons was delivered to you or not.
When matters reach this point, negotiating with Zwicker and Associates might become more challenging, though this is dependent on aspects such as if there are assets that can attract liens or if the state you reside in permits garnishment of wages. Plus it is also determined on how much faith Zwicker has placed in recovering money from you.
In case I haven’t been served with a lawsuit, how can I settle the debt with Zwicker and Associates?
Many times, Zwicker and Associates resolve debts by incorporating a payment plan or by accepting a lump sum amount before the lawsuit progresses. If you think that consolidating the lump sum amount is tricky, it is totally understandable. What we do is we partner with Zwicker and Associates to bring about a flexible payment plan that is suitable for both Zwicker and you. In addition, if you obtain a well-designed payment plan as soon as possible, you might be able to keep future lawsuits at bay. Don’t shy away from reaching out to us directly with any queries on how we can handle your situation with regard to the state of your finances.
I feel like doing this alone can overwhelm me. Any help?
Of course, we can help you as we are expertly qualified and certified to assist you. Please take the form above to allow us to understand your situation in greater detail. We don’t charge for any conversation or email correspondence. Unless we believe that it is in your best interests, we do not take any further steps. We have given you the liberty to comment or ask any questions below.
What if there is no way to settle my debts? What are my options?
In case there is no option of debt resolving, you will have a few alternatives. The first step is to talk to them and be very honest regarding your finances. Give them access to your paystubs, bank statements, plus a general review of your earnings and expenditure. While the choices are many, the most advisable when there is no solution for settling your debts is opting for bankruptcy. We have designed a bankruptcy calculator that will assist you to estimate your alternatives and costs. Besides, there is another alternative- a DIY Chapter 7 Bankruptcy, and more information can be availed to you if you reach out to me.
Will Zwicker and Associates provide a debt settlement letter?
We believe that Zwicker will provide a debt settlement letter showing that the debt has been settled.
If they are unable to provide this document, there are 3 solutions to this problem:
- Try to discover the email of the collector and then send the information through email.
- Make sure that all the calls between you and Zwicker and Associates are recorded. Remember that you have to state that they are recorded calls.
- Send the information physically as opposed to electronic mail.
While personally, I can say that I haven’t seen any cases that Zwicker and Associates haven’t gone through with the settlements, I cannot speak for everyone.
We would really love to get your response, questions, or views below in the comments section. Because everyone might be going through a unique or different experience, please be very open about any questions troubling you and I will handle each and every one of them. Thank you!