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Creditors Who Chase Are Clients: Here's what we know about them:


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.


8 things debt collectors can't do

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. 

Contacting you at inconvenient times

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).


Harassing or abusing you

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.

Making false or misleading statements

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.

Contacting you after you've requested they stop

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.

Discussing your debt with third parties

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.

Threatening illegal actions

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.

Failing to provide debt verification

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. 

Ignoring your rights under state laws

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.


The bottom line

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.





These are just a few of the creditors that we defend against:


THE COLLECTION LAWYERS


Forster & Garbus, LLP

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.

What Happened in the Case?

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:

  • Make sure they have the proper documents before filing any new debt collection lawsuits.
  • Have a real attorney review the documents before filing.
  • Dismiss any ongoing lawsuits that don’t have proper proof.

The firm was also fined $100,000 for its actions, which will be used to help victims of illegal debt collection practices.

How This Affects You

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.

What You Can Do

  • Check for Evidence: If you’re sued for a debt, make sure the creditor has clear documentation to prove you owe the money.
  • Know Your Rights: You can fight back if the debt collection law firm hasn’t properly reviewed the evidence or followed the law.
  • File a Complaint: If you believe your rights have been violated, you can file a complaint with the CFPB or your state attorney general.
  • 

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.

Let Us Help You

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:

 

  • 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?

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.

Federal Cases Against Zwicker & Associates, P.C.

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.


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