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CREDIT DEFENSE ATTORNEYS
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Having debt in collections is an unfortunate reality for millions of Americans — especially those who are struggling with unexpected financial hardships. But while facing a debt collection issue may be common, it can also have a big impact on your finances, and receiving calls, letters or lawsuit threats from debt collectors can also be a significant source of stress. After all, while debt collectors may start the process with less aggressive tactics, if you're unwilling or unable to pay off what you owe, it could lead to harassment or unfair treatment over time.
But what you may not realize is that while debt collectors are legally permitted to seek repayment from you on behalf of creditors, there are strict rules in place to prevent them from using abusive, deceptive or unfair practices. The Fair Debt Collection Practices Act (FDCPA) outlines guidelines that regulate the actions of debt collectors and safeguard consumers against mistreatment, and understanding your rights is critical in navigating these situations and protecting yourself from unlawful behavior.
Despite these protections being in place, though, many people are unaware of what exactly debt collectors can and cannot do during the debt collection process. By becoming familiar with the boundaries debt collectors must adhere to, you can confidently address collection attempts and ensure your rights are respected.
Not sure what tactics debt collectors can use during the collections process? Here are some of the key actions that debt collectors are prohibited from taking.
Debt collectors are prohibited from contacting you at times they know are inconvenient. Under the FDCPA, collectors cannot call you before 8 a.m. or after 9 p.m. local time unless you've explicitly given permission for them to do so. If you inform them that you cannot receive calls at work, they must also stop calling you there. This protection ensures that debt collection activities don't interfere with your work or personal life at unreasonable hours. If a debt collector violates this rule, you have the right to report them to the Consumer Financial Protection Bureau (CFPB).
Debt collectors are strictly forbidden from using harassing, oppressive or abusive practices to collect a debt. This includes using threats of violence, using obscene language or repeatedly calling to annoy you. These protections ensure that collection practices remain professional and respectful. They cannot publish your name as someone who refuses to pay debts (except to credit reporting agencies) or use any other methods designed to embarrass you. The FDCPA explicitly prohibits these actions to ensure that the collection process remains professional and non-threatening.
A debt collector cannot lie or use deceptive practices to collect a debt. They cannot falsely claim to be attorneys or government representatives, misrepresent the amount you owe, falsely claim you've committed a crime or threaten legal action they cannot or do not intend to take. This ensures that you can make informed decisions about your debts based on accurate information.
You have the right to request a debt collector stop contacting you, and they must honor this request. Once you send a written cease-and-desist letter, the collector can only contact you to confirm they will no longer communicate or to notify you of specific actions, such as filing a lawsuit. This rule empowers you to end persistent communication that may feel intrusive or overwhelming.
Privacy is a fundamental right in debt collection. Debt collectors are prohibited from sharing information about your debt with anyone other than you, your spouse or your attorney. They cannot contact your employer, friends or family members to discuss your debt. The only exception is if they are trying to locate you, in which case they can ask a third party for your contact information but cannot reveal the purpose of their inquiry.
Debt collectors cannot threaten to take actions that are illegal or that they do not intend to follow through on. For instance, can a debt collector sue you or threaten to sue you? They can, but they cannot do things like threaten to garnish your wages without obtaining a court judgment, nor can they threaten to seize property that is legally exempt from seizure. These types of threats are designed to intimidate you and are explicitly forbidden under the FDCPA.
If you request verification of a debt, the debt collector must provide written proof that the debt is valid and belongs to you. Until they do so, they must cease collection activities. This rule is particularly important if you suspect the debt is not yours, has already been paid or has exceeded the statute of limitations, which is the legal time limit in which the debt can be collected on.
In addition to federal protections, many states have their own debt collection laws that provide additional safeguards. For example, some states impose stricter limits on the types of debts that can be collected or offer broader protections against harassment. Debt collectors must comply with both federal and state laws, and ignoring state-specific regulations is a violation of your rights.
By knowing what debt collectors can't do, you can better protect yourself and focus on resolving your financial challenges without unnecessary stress or intimidation. Understanding these restrictions empowers you to take control of your financial situation and respond effectively to unlawful behavior. If you believe a debt collector has violated your rights, document all interactions, save relevant correspondence and file a complaint with the CFPB, your state attorney general or a consumer protection agency. With the right knowledge and tools, you can address your debt responsibly and move toward a more secure financial future.
If you’re facing a debt collection lawsuit from Forster & Garbus, LLP , you might have heard about the legal issues surrounding Forster & Garbus, LLP, a law firm in New York that represents creditors. In 2019, the Consumer Financial Protection Bureau (CFPB)filed a lawsuit against the firm for filing over 99,000 debt collection lawsuits between 2014 and 2016, many of which had little or no proof of the debt. These lawsuits were often filed without proper attorney review, which is against the law.
The CFPB accused Forster & Garbus of using attorney signatures on lawsuits without actual attorney involvement, which violated the Fair Debt Collection Practices Act (FDCPA) and other consumer protection laws. Many of these lawsuits were filed without the necessary documentation to prove the debt was valid, which is illegal under debt collection laws.
In January 2023, the court ruled that Forster & Garbus must:
The firm was also fined $100,000 for its actions, which will be used to help victims of illegal debt collection practices.
If you're facing a credit card lawsuit or any debt collection lawsuit, this case shows how important it is to verify the evidence behind the lawsuit. Debt collectors must prove the debt is legitimate and should follow the law. If they don’t, you have legal rights to challenge the lawsuit or even get it dismissed.
mpact on Consumers: For clients facing debt collection lawsuits, this case highlights the importance of verifying the legitimacy of any lawsuit filed against you. If a debt collector or law firm like Forster & Garbus has sued you without proper evidence or legal review, you have legal protections under the FDCPA. You can challenge such lawsuits, dispute debts, and even file complaints with the CFPB if you believe your rights have been violated. What You Should Do: Check for Proper Documentation: If you’re facing a debt collection lawsuit, ensure the creditor has clear evidence to support their claim. Know Your Rights: If you believe a lawsuit has been filed incorrectly or without proper attorney involvement, you may be able to fight back. Report Violations: If you feel the debt collector or law firm has violated your rights, you can file a complaint with the CFPB or your state attorney general’s office. Recent Changes: In April 2023, Forster & Garbus was acquired by a new firm, Abrahamsen Gindin LLC, but the rules from this case still apply to any ongoing or future lawsuits.
If you're in New York City or anywhere in the state and need help with a debt collection lawsuit or credit card lawsuit, our New York debt defense attorneys at the Credit Card Defense Center are here to protect your rights. We specialize in New York City settlement negotiations and can help you challenge unfair lawsuits, reduce or eliminate debt, and guide you through the legal process.
ZWICKER & ASSOCIATES
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:
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?
MA 01810, and its New York office located at 120 Allens Creek Road, Rochester, New York 14618-3306. Every year, Zwicker & Associates, P.C. represents debt buyers and other debt-collection companies, such as Discover Bank, N.A., American Express, and FIA Card Services, N.A. A/K/A Bank of America, N.A. They bring collection lawsuits for credit card, student loans, and other debts.
In Sparkman v. Zwicker & Associates, P.C., 374 F. Supp.2d 293 (E.D.N.Y. 2005), Zwicker & Associates was found to be in violation of the Fair Debt Collection Practices Act of 1977 (FDCPA), by misleading customers on collection letters by inadequately identifying the creditors.
In Weiss v. Zwicker & Associates, P.C., 664 F. Supp.2d 214 (E.D.N.Y. 2009), Zwicker & Associates was found to be in violation of the Fair Debt Collection Practices Act of 1977 (FDCPA), by misleading customers on collection letters by inadequately stating the amount of debt owed.
No matter how large, famous or seemingly powerful the company is which is after you for money, the consumer protection and debt defense attorneys at The Credit Card Defense Center of NY are ready to come to your defense today.
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Our experienced debt defense attorneys offer an aggressive debt collection defense with more than fifty years of combined experience and a proven track record of success when it comes to handling consumer debt lawsuits.
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Contact us today to consult with an attorney about debt defense anywhere in New York State.
Here are some of the types of lawsuits we've handled:
ALL RESULTS ARE
A MATTER OF THE PUBLIC RECORD
CAPITAL ONE BANK sued my client for $32,000 in July, 2017 and I struggled with the bank for a 2 years and 4 months while my client paid $00 to the bank during this time. My client was able to save money during this “Quiet Period”, allowing us to forge a settlement with Cap One in December, 2018 for a $14,000 one-time payment, thereby saving my client $16,000. DISCOVER finally agreed to accept $4800 to resolve this matter once and for all. Case ID: StarCase
üSupreme Court – New York County (August., 2019): AMERICAN EXPRESS sued my corporate client based in Texas in New York State Supreme Court in Manhattan for $395,000. I fought off American Express for exactly one year, give or take a day or two. After hours of negotiation and courtroom litigation, resulting in a negotiated settlement for a one-time patent of $130,000 to be paid within 24 hours of the settlement. Result: Corporate client saves $265,000 off his Amex bill and case is closed. Client okays under $10,000 in legal fees for this feat. Case ID: ComMEch.
üCivil Court – New York County (August., 2019): CITIBANK, NA went after my 75-year retired business man client with a vengeance of approximately $5,0000 on his Citi Card. The well-known collection firm assigned to this case aggressively brought on a motion in Civil Court to attempt to obtain a judgement against my client. I fought the case in Court for exactly two years, during which time my client paid nothing ($00.))) to Citibank during this time. Eventually, I, able to settle the case for the sum of $2400, payable at the rate of $100 per month for 24 months, a more affordable sum for my client. Case ID: LOuD
üSupreme Court – Putnam County (May., 2019): AMERICAN EXPRESS sued my fireman client for $65,000 after he got behind over unexpected expenses while building his upstate dream home and his wife suffered some temporary medical complications requiring planned home care after an eventful pregnancy. I struggled with AMERICAN EXPRESS for months and obtained assistance from an understanding Court in allowing my client enough time to get his finances together and make a payment plain. We were finally able to work out a disposition satisfactory to both sides that required my client to pay $40,000 within 30 days, which payment ended the case once and for all. Result: Client saves $25,000 off his Amex bill. Happy family ending too. New home finished, baby & mom safe and well. Client back to work as a good public servant. Case ID: Fireshield üSupreme Court – Kings County (April., 2019): Defaulted Students Loans are very troublesome. My client was sued in April, 2018 by NATIONAL COLLEGIATE STUDENT LOAN for $12,500. At the time, he was in between jobs and has young children. And his mother, a home owner with her home now at risk, was the co-signor. So, of course she was sued as a co-defendant. I stepped in, controlled the case, and stopped the entry of a judgment. Then, I defended the case for 10 months on behalf of my client and his mom. Case settled quietly with no muss and fuss for $8500 with payments of $175 a month for 48 months with no interest. Client happily saves $4,000 and a bunch of aggravation.
üCivil Court – Brooklyn (March., 2019): MASON INTERACTIVE, an internet design firm, had a default judgment against my client for approximately $30,000 in Civil Court, Brooklyn. I brought an Order to Show Cause and got a judge’s signature stopping the City Marshal, releasing the client’s bank account and vacating the judgment. I negotiated a settlement of $12,000, payable over 3 payments, saving the client approximately $16,000 after fees & costs. Case ID: InjMoh
üSupreme Court – Broome County (March., 2019): AMERICAN EXPRESS sued client and his corporation starting in 2015 for unpaid credit card bills. I struggled against AMERICAN EXPRESS for 3.5 years because the client had many good faith disputes that had not been fully addressed by AMERICAN EXPRESS. After refusing to resolve my client’s legitimate disputes in their favor, AMERICAN EXPRESS sought $130,000 in a lawsuit right in Supreme Court Broom economy. After court appearances and many court payments I were finally able to resolve the $130,000 case for a settlement of $45,00 in a one-time payment. That settlement payment was made easily by bank wire and, consequently, the client saved approximately $90,000, even after accounting for legal fees Case ID: Silsbee
üSupreme Court – Suffolk County (Feb., 2019): AMERICAN EXPRESS wants $45,000 from my client and sues just as he is having unexpected financial difficulties in his start up business. AMERICAN EXPRESS is kept under control for nine months so client can gather his wits and his funds. Case settled in February, 2019 for $20,000, payable with $15,000 down and $5,000 payable one month later. Client saves approximately $22,000 including legal fees. Case ID: Bender
üSupreme Court - Manhattan (Nov., 2018): NATIONAL COLLEGIATE STUDENT LOAN sued my working mom client for $46,000 nearly 5 years after her last payment on a student loan. But the suit was filed too late & in violation of the statute of limitations. Before trial, I brought on a motion (a written request to the court) to dismiss the case. Upon review of my motion, National Collegiate agreed to dismiss the case. Out client walked away paying nothing to this creditor, saving more than $46,000. Case ID: Angelina
üSupreme Court - Manhattan (Nov., 2018): AMERICAN EXPRESS sued my cash poor asset rich client two years ago for $30,000. Client settles for a one-time payment of $15,000 this month, after finally receiving his inheritance, and the case is over. Client was able to save more than $13,000 including legal fees and a bunch of aggravation in the process. Case ID: Mark
üSupreme Court - Nassau (Nov., 2018): AMERICAN EXPRESS sued my police sergeant client for $41,803.04 in June 2016. I fought AMERICAN EXPRESS in Court for 19 months. My client paid nothing to AMERICAN EXPRESS during that time. Client was able to save $23, 000 to pay off AMERICAN EXPRESS during that time. I ultimately settled in March, 2018 for $22,000, shaving $19,803 off his AMERICAN EXPRESS bill. Client paid 4.7 % of the outstanding claim in legal fees and, therefore, saved a net $17,803, even accounting for legal fees. Result: Client saves a net $17,803 even after legal fees Case ID: Brian
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS sued my upper west side designer & condo owner for $35,000 in Nov., 2016. I litigated against AMERICAN EXPRESS for 15 months while client paid $00.00 to AMERICAN EXPRESS during this time. $21,000 Settlement. Client had saved $24,000 to pay off AMERICAN EXPRESS, shaving $11,000 off his AMERICAN EXPRESS bill and avoiding a lien on his Central Park West condo. Result: Client saves $11,000.
Case ID: Adam
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS wanted $25,502.94,000 from my soon-to-be-divorced mom with minor children. After a year of litigation, AMERICAN EXPRESS demanded a one-time payment of $17,000 to settle the case. Clients owns property, has a good profession but no support from soon to be ex-husband and in divorce court. AMERICAN EXPRESS settled for $15,000 payable over 15 months. Client was charged a fee of 5% of the outstanding amount and saved over $10,000 off her AMERICAN EXPRESS bill. Result: Case ID: Eileen
üSupreme Court - Manhattan (Oct., 2018): AMERICAN EXPRESS wanted $550,000 from my corporate client and, after a year of litigation in Court, got exactly nothing. Client offered $200,000. American Express foolishly refused, insisting on a settlement payment of $400,000. They got exactly $00.00. Attorney fee for Client was only 2% of the outstanding amount and walked away paying American Express nothing. Client saves 100%. and pays $00.00 to American Express. Case ID: HC1
üSupreme Court - Westchester (Dec., 2017): AMERICAN EXPRESS wanted $16,746.17 from my small business client (trucking) and started the lawsuit in July, 2016. Sixteen months later, case settled for a $8,534.00 one-time payment, ending the matter once and for all, saving 50% in the process. Client was charged a total fee of 7% of the amount being used for in the lawsuit. Client saves 50%. Case ID: Bill R.
üSupreme Court - Suffolk (Dec., 2017): AMERICAN EXPRESS sued for $10,218. Eleven months later, the case was settled for $6,134. Client saves approximately 40%. Result: Client saves 40%. Case ID: SuDr1
üSupreme Court - Manhattan (Dec., 2017): AMERICAN EXPRESS sued my client, a small, hard working self-employed business man, for $44,120.83. Eight months later, case settled for $30,000 payable over 12 months, saving client approximately 32%. Result: Client saves 32%. Case ID: LoDe1
üNYC Civil Court - Manhattan (Dec., 2017): Original creditor BANK OF AMERICA sues my client in two different cases at the same time for a total of for $30,600. Six months later, case settled for $18,000 payable over 24 months, saving the client 41%. Result: Client pays exactly $30,000 to AMERICAN EXPRESS. Case ID: LoDe2
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