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I’m Being Sued by Zwicker & Associates for Amex. – Mick

“Dear Steve,

I am being sued by Zwicker & associates There first contact with me was a summons. They claim to be representing AMEX, But I believe that they are A Debt collector. I have sent in an answer to the summons to the court and to them,but they say that they do not have to answer my questions and have filed for a summary judgment. I sent 2 Debt Validation letters which they have ignored.

I want to show the court that Zwicker & associates are debt collectors. I am trying to get them to provide the contract that they have with AMEX to prove if they are working directly for them. Is there a list of Lawsuits against them I could research so that I can send the court examples of their debt collection practises. Or any other papers that would show the court who they really are.

Thanks for your help.

Mick”

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The Answer

 

Dear Mick,

Why not just simply call American Express and ask them if Zwicker & Associates is representing them against you? Seems like the easiest way to get a straight answer.

You should seek legal advice from a lawyer licensed in your state if you need guidance on how to handle the case in court. If you feel Zwicker has violated your rights under the Fair Debt Collection practices Act (FDCPA) you might want to contact FairDebtHelpers.com for assistance.

Please update me on your progress by posting updates here in the comments section of your question. I’m very interested in how this works out for you.

Big Hug!

Im Being Sued by Zwicker & Associates for Amex.   Mick
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I'm Being Sued by Zwicker & Associates for Amex. - Mick by

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Help4me

    I have been contacted by Zwicker & Ass for my Ge Money loan account which have gone to them. They called me so many times that I finally had to answer because I was afraid that they might call my work (which they did). Are they allowed to call my work? This time, I had set up a payment arrangement where I would pay $175 a month and I followed through then they called me over and over again after that plan ended. I was willing to continue with that plan but the guy that I spoke to after been transferred, was so rude and intimidating. He said that he could take me to court if I don’t agree to his payment arrangement where he said I need to pay $300 for the 1st month, 400 the next then jumped to $600. I told him that was impossible as I have other bills to pay too and I was the only one working. He asked me if I have any property and to sell my car to pay them. What?? I know I owe and am willing to pay but come on, to force me to pay an amount that would kill me. What can I do to prevent them for taking me to court? I don’t want them to call my work as well.

    • carole

      Send a letter asking for debt validaton also ask them to cease and desist all phone calls I used a Law Office to help me with Zwicker and Associates once you send this letter Certified return receipt they will break the law by continuing to contact you, the law office I used is great they got me $2000.00 for them breaking the law. Its called Lumberg Associates you should try them

  • Browneyegirl

    Zwicker and associates are a bunch of money-hungry thieves.  They are junk debt collectors.  They say they are representing Target, Discover, American Express, etc.  One attorney goes to court and starts naming suits.  Zwicker buys the debt and misrepresents themselves.  They are crooks and will get away with it until you report them to:

    Federal Trade Commission

    Your states Attorney General

    Zwicker has had Federal Trade Commission fines for inappropriate junk collector practices.  Wake up and do something. Everyone file a lawsuit against them and show them that you know your rights.  They are our for the almighty dollar no matter what they have to do to get it.  Fight for your rights now.

    For every illegal thing Zwicker does, you can sue for $1500.  This adds up in a hurry with all their illegal tactics.  Don’t be afraid to fight them.  They are illegal JUNK DEBT COLLECTORS out to scare you into paying them.

    Do it today and show them you know your rights.

    Regards,

    Jason

  • guest

    why does your fairdebthelpers.com link send me to macey banckruptcy law

  • Rsoakley

    I am a practicing attorney in Irvine California and have a pending lawsuit for civil rights violation in the Central District Court, Santa Ana, CA, Case: Oakley v. Osuna, et al., Case No. SACV 10-706 JVS. This case involves the filing of a perjured proof and service and subsequent entry of default judgment. I do not believe mine is an isolated incident but need the identify of similarly situated persons in order to obtain class certification. If you are or know of similarly situated person, please contact Randal Oakley, Stafford Law Group, (949) 387-8419.

  • Rsoakley

    I am a practicing attorney in Irvine California and have a pending lawsuit for civil rights violation in the Central District Court, Santa Ana, CA, Case: Oakley v. Osuna, et al., Case No. SACV 10-706 JVS. This case involves the filing of a perjured proof and service and subsequent entry of default judgment. I do not believe mine is an isolated incident but need the identify of similarly situated persons in order to obtain class certification. If you are or know of similarly situated person, please contact Randal Oakley, Stafford Law Group, (949) 387-8419.

  • Jimbo

    Hi Steve,
    I have been the victim of Zwicker. They’ve acted as the collection agent and the law firm. The functions crossed. I informed the collection agents to cease and desist because I was being sued. They continued and continue contacting me.

    I answered the summons, and they never answered my discovery. The judge dismissed the case. Zwicker moved to set aside the dismissal. I answered and asked the matter be sent to civil arbitration. The judgment was set aside, the case was reopened and the case was sent to civil arbitration.

    Zwicker filed for a summary judgment and refused to participate in arbitration and in fact never even informed the arbitrator, refusing to participate in the process because they had filed a summary judgment (after the case had been sent to arbitration). The judge approved the summary judgment.

    I am dumbfounded and want to know how to respond. I want to move to set aside the judgment but don’t know what to do. Can I ask for an evidentiary hearing with oral arguments? We never even went to court. I am still within my 20 timeframe but the time is passing swiftly.

    Thanks,
    Jimbo

  • Don

    I was sued by Zwicker representing Citibank. I answered and counterclaimed. I answered their Discovery and sent them my discovery requests. They only partially answered and stated that they would have their client send me the remainder of the answers I requested. In the meantime they filed to have my counterclaim stricken or dismissed after the time allowed for them to make this motion. I then filed a motion to deny them their motion to strike or dismiss.This is the strange part. I got a call From a Jason Green from Zwicker wanting to make nice all of a sudden and work something out. When I told him that it made no sense for me to settle because I might have to file bankruptcy anyway if I couldn’t settle some other matters. He then encouraged me to file Bankruptcy because Citibank would not drop their suit. I couldnt believe that they would want me to file for Bankruptcy. After that I got a motion that they filed with the court for an Emergency Motion to Extend the Time for Plaintiff to Respond to The Defendants Discovery Requests. In other words they are 3 months past due answering my Discovery requests and are asking the court for more time. I have filed a motion to Deny their request and Dismiss the case with Prejudice. Anyone have any thoughts as to why they would want me to file Bankruptcy?

    • http://GetOutOfDebt.org Steve Rhode

      Don,

      It’s not logic, it’s a process. The people at the bank are pushing a time clock, not trying to recover their personal money.

      Steve

  • Mick

    Hi Steve.

    What would you suggest as my next step with these guys. I have filed a motion to dismiss also a motion to subpoena the affiant on the affidavit of debt that they sent me, and a motion to strike the copy statements they put in their answer to me as hearsay. I have not had a reply from the court to any of these motions yet.

    Regards.

    Mick.

    • http://GetOutOfDebt.org Steve Rhode

      Mick,

      The only person qualified to give you legal advice would be an attorney licensed in your state. I’d suggest you find a consumer attorney through the National Association of Consumer Advocates site.

      The price of getting this wrong would be more expensive that getting professional help.

      Steve

  • Mick

    Thanks for the reply Steve.

    I have contacted AMEX direct but they will not speak to me. They have a recorded message that says I must only contact Zwicker.

    Regards.

    Mick.

    • http://GetOutOfDebt.org Steve Rhode

      Mick,

      That sounds like Zwicker is acting as the agent for American Express then.

      Steve

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