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You are here: Home / Credit Card Lawsuit and Debt / How to Beat Zwicker & Associates in a Texas Debt Collection Lawsuit
How to Beat Zwicker & Associates in a Texas Debt Collection Lawsuit

How to Beat Zwicker & Associates in a Texas Debt Collection Lawsuit

October 12, 2024
Written by Christopher Migliaccio

Table of Contents

Toggle
  • Is Zwicker & Associates Legit?
  • Who Does Zwicker and Associates Collect for in Texas?
  • How to Beat Zwicker and Associates in a Texas Debt Collection Case
    • Respond to the Summons and Complaint
    • Verify the Debt
    • Consult With a Texas Debt Defense Lawyer
    • Challenge the Lawsuit 
    • Negotiate a Settlement
  • Contact Our Texas Debt Collection Defense Lawyers

 

Have you recently received a notice that you are being sued for unpaid debt by Zwicker & Associates? We understand that you may feel overwhelmed about what to do to protect yourself. Below, our debt collection defense lawyers discuss what you should know about Zwicker & Associates. We also discuss how to beat Zwicker & Associates if facing a debt collection lawsuit in Texas.

At Warren & Migliaccio, we handle debt collection defense cases across Texas. Our Texas debt defense lawyers are here for you. We can discuss your situation and determine your best legal options for resolving the lawsuit against you. Call us at (888) 584-9614 or submit our online contact form to schedule a consultation with us today.

Is Zwicker & Associates Legit?

If you have received a lawsuit notice from Zwicker and Associates, you may wonder if the company is legitimate or a scam. Yes, Zwicker & Associates is a legitimate law firm that specializes in debt collection. Founded in 1991, it represents creditors and debt collectors in collection efforts across the United States. You can consider checking for the name of the business for legitimacy here as well: https://www.ripoffreport.com/.

Who is Zwicker & Associates?

Zwicker & Associates, P.C. is a law firm that primarily focuses on debt collection for its clients. Based in Andover, Massachusetts, it claims to employ attorneys and staff across the United States.

Zwicker & Associates acts as a collection agency and works on behalf of various creditors and lenders nationwide to recover alleged outstanding consumer and commercial debts. It handles collection cases involving many types of consumer debt, including credit card debt, student loan debt, and personal loan debt.

The law firm uses a variety of tactics to recover debts for its clients. It may first attempt to contact you by phone or mail to negotiate payment. If unsuccessful, it may file a lawsuit against you in an attempt to collect the debt. If you are being contacted or sued by Zwicker & Associates, then it has been hired by a creditor or debt collector to recover a debt you allegedly owe.

A businessman holding a big horseshoe magnate that is attracting hundred dollar bills

Who Does Zwicker and Associates Collect for in Texas?

Zwicker & Associates represents a wide range of financial institutions in collection cases, ranging from significant credit card companies to smaller lenders. In Texas, Zwicker & Associates often collects for:

  • American Express Company
  • Discover Bank
  • Goldman Sachs Bank USA
  • PNC Bank, N.A.

You can click the links above to see our guides about each financial institution.

How to Beat Zwicker and Associates in a Texas Debt Collection Case

If you are facing a Zwicker & Associates lawsuit, do not panic or ignore it. The key to protecting your best interests is to act quickly and respond to the lawsuit. We discuss the steps you should take below:

Respond to the Summons and Complaint

You should file a formal response, called an Answer, with the court seeing the case. Responding to the lawsuit within the appropriate time frame is critical. Why? You want to avoid a default judgment.

A default judgment may occur if you ignore the lawsuit or do not show up in court. The judge may side with Zwicker & Associates by default, awarding it legal entitlement to the money it seeks. You would lose the case, and Zwicker & Associates may seek bank garnishment, property seizure, or property liens to obtain the debt.

You only have limited time to file your Answer with the court and send a copy to Zwicker & Associates. Depending on the court, you may only have 14 days to file it.

Your response should:

  • Address the claims against you. You should accept or deny each of the claims against you.
  • Provide affirmative defenses. An affirmative defense is a reason why Zwicker & Associates should not win the lawsuit against you. It introduces new information to the judge that may help you win the case. For example, suppose the debt is time-barred due to an expired statute of limitations. In that case, you can provide that as an affirmative defense.

You can see our full guide about how to respond to a court summons here. However, we recommend working with an experienced debt collection defense lawyer to ensure your Answer protects your best interests and is without mistakes.

An empty calendar with a red thumb pin on the fourteenth day

Verify the Debt

You should review your records to compare them with the allegations against you. Look for any inaccuracies, such as the amount of debt owed. We also recommend requesting debt validation from Zwicker & Associates.

If you send a debt validation letter, Zwicker & Associates must provide proof that you owe the debt and that it has the legal right to collect it. If it fails to provide proper evidence, the case may be dismissed.

Consult With a Texas Debt Defense Lawyer

Consulting with and hiring a debt defense attorney can significantly increase your chances of obtaining a favorable case resolution. For example, at Warren & Migliaccio, our Texas debt defense lawyers have helped individuals all over Texas resolve cases with creditors and debt buyers.

We can protect you from a default judgment, investigate the validity of the lawsuit, and identify potential defense strategies. Depending on your situation, our team can help you challenge the lawsuit, negotiate with Zwicker & Associates, or explore alternative debt resolution options, such as bankruptcy.

Challenge the Lawsuit 

We can investigate the claims against you to identify the lawsuit’s strengths and weaknesses. If we identify any errors in the lawsuit, such as an incorrect debt amount, mistaken identity, or expired statute of limitations, we may recommend fighting the lawsuit.

Negotiate a Settlement

If Zwicker & Associates has a strong case against you, we can help negotiate a settlement. In most cases, we help our clients settle for less than the original amount of debt.

Contact Our Texas Debt Collection Defense Lawyers

Our debt collection defense lawyers help individuals across Texas navigate and resolve debt collection lawsuits. If you are facing a Zwicker and Associates debt collection lawsuit, we welcome you to contact us.

We are happy to review the claims against you and discuss your best legal options for resolving the lawsuit. Call us at (888) 584-9614 or submit our online contact form, and we will contact you soon.

Call (888) 584-9614 or click here to submit a consultation request form now.

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Categories: Credit Card Lawsuit and Debt Tagged: lawsuit, Zwicker & Associates

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If you need to speak with an attorney at Warren & Migliaccio, L.L.P.  submit our contact form below or call (888) 584-9614 to schedule a free consultation.

Christopher Migliaccio, attorney in Dallas, Texas
About the Author

Christopher Migliaccio is an attorney and a Co-Founding Partner of the law firm of Warren & Migliaccio, L.L.P. Chris is a native of New Jersey and landed in Texas after graduating from the Thomas M. Cooley School of Law in Lansing, Michigan. Chris has experience with personal bankruptcy, estate planning, family law, divorce, child custody, debt relief lawsuits, and personal injury. If you have any questions about this article, you can contact Chris by clicking here.

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