Complaint Review: Zwicker & Associates PC - Andover Massachusetts

Although eleven years have passed the Author wrote this post they are correct. The rebuttals of Zwickers employees are funny, as much as they are sad, and reflect misery. Yes, the "debtor” failed. However, blaming the debtor is like a vulture blaming their dinner for dying. Reality is that things change and people fail to pay debts all of the time. The credit card companies would not pair with companies such as Zwicker if this were not true. Businesses, even wealthy and famous business people negotiate down debt and file bankruptcies all of the time. You can to.

There is nothing to be ashamed of. I do not find professional anything about the Zwicker employees post at all. Poor spelling in grammar. Childish demeanor. Which goes to show that you can beat Zwicker by simply responding to prewritten and scripted lawsuit. You will have to go file an answer, discovery (before pretrial!), show up for court, etc. You probably also want to ask for a jury trial. Zwicker (and any other happy sue collector) will usually drop the suit, instead of going to trial. The cost is too high for them. You don’t even need an attorney (although you should see if you can find one. The first visit is free.) Be tough, and stick to your guns.

You can find many resources online, although the best resource is simply the rules of civil procedure in your state. You also need to familiarize your state laws regarding business records and heresay. And never talk to Zwicker or any Bill collector over the phone. Immediately assert your rights as a consumer and demand debt validation, and not be contacted in writing. Familiarize federal and state consumer laws , and counter sue for any violations, as well as reporting them to cfpb, and state attorney general immediately. (That’s right, when they screw up, you win).

Give a hard number in writing of what you’re willing to negotiate for and stick to it. There is nothing to loose. You can be there headache. You can even make them pay you! This isn’t interned as legal advice. Please seek legal council outside of this post.

I applied for a job as a Litigation Assistant with Zwicker & Assocates, located in Milwaukee, Oregon. I researched the company after being invited for an interview.  

I saw two interesting pieces of information. One was an article that said they were found guilty by a jury of both employee discrimination (race) and further, they encouraged perjury by the complaintant in for him to drop his case. Subsequently, the jury awarded the complaintant an even larger sum of money ($1 million total). 

Then I saw posts about their firm on this Ripoff Report forum. I am not surprised there are complaints,but I was defumbled as to their attorneys "rebuttle posts"; he reemed the complaintants new ***holes by saying he was tired of hearing consumers complain about being held responsible for their debts. Sarcasms was oozing all over the place. Very grandios attitude, not uncommon with attorneys; however, that disparaging attitude is usually kept behind "secured" office doors and not sprawled on the internet. Hence, I have a bad feeling about them. 

What I would like to add to the discussion is that I hope consumers become educated about their consumer rights and responsibilities. You have choices and can action. (*This is not intended to be legal advice*) The Fair Debt Collection Practices Act (FDCA) is your guide to self-help. ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text.  Learn it and live it. 

On a personal note, I declined the job interview. Why? Besides not being impressed with the attorney who represented the firm on this forum, their discrimination and perjury history, the wage the firm was offering for the Litigation Assistant position is quite low ($14 hourly). For a national law firm to offer such a low wage is ridiculous. In comparison, a non-profit organization in downtown Portland offered$17 for the similar work helping the homelss. How is it that a non-profit pays more than a national law firm? Feels like greed. I would bet the attorneys are paid atleast $350 per hour while their support staff are paid $14 per hour (I have a bachelors degree, 3 years law firm experience, and an advanced paralegal education). My oh my. Good luck ya all...

Here's their craigliist / Portland, Oregon ad:

Zwicker & Associates, P.C. a national collections law firm in Milwaukie servicing many of the top creditors in the nation has a full time position available for a Litigation Assistant.

Position responsibilities entail but not limited to the following:

To monitor a high volume of complaints, review and verify the information in suit packages such as account balance and default date, etc. Review service reports and enter service and case filing information into the system. Work with outside vendor to ensure proper and timely service. Administrative duties as well including but not limited to making copies, filing, sending and receiving overnight packages and mail, etc. Self-monitor of caseload through use of Excel reports.

Must have the ability to work quickly and efficiently while under time constraints.

Strong computer skills required; MS Office, Windows, Internet and Database experience

The following experience/ abilities preferred:

* Prior administrative office experience

* Ability to multi-task within a fast paced office environment

* Team player, ability to work harmoniously with others is essential, willingness to assist others on a regular basis as this is a team environment

* Strong problem solving abilities

* Attention to detail is necessary

Benefit package includes medical insurance, dental insurance, long term disability insurance, life insurance, compensated time off, 401K with match, and a business casual work environment.

Applicants must submit a resume with cover letter. Applicants who fail to include a cover letter will not be considered. 

Drug free/substance abuse free workplace

EEO/AA 

No agencies

• Location: Milwaukie
• Compensation: $14.00 hourly
• Principals only. Recruiters, please don't contact this job poster.
• do NOT contact us with unsolicited services or offers

Evil bastards taking advantage of the disadvantaged!!! 
http://www.facebook.com/pwadez


http://www.facebook.com/profile.php?id=510569673

See below for info. on where to look for sample do-not-call letters vs. Zwicker, and how to fight Zwicker lawsuits and WIN (feel free to post on here too for more info.):

Info. for fighting Zwicker lawsuits:

http://www.beatdebtcollectors.com/

Zwicker consumer complaints and blogs:

http://nextlevelunlimited.net/

http://www.ripoffreport.com/Search/Zwicker.aspx

Submit a Georgia (or search for your state bar site) bar complaint vs. Zwicker attorneys:

http://gabar.org/contact_the_bar/

"

One thing I would love to see you do is prove that we have violated EVERY FAIR DEBT COLLECTION LAW. I am a mere collector at this firm and every person I speak to is notified that I am not an attorney and cannot provide legal advice. Additionally I advise every person I speak to that all calls are recorded. If you don't want to be recorded, tell us. " Mr. William

Everytime one of you Zwicker people call me you hem and haw about who you are and what you want. You repeatedly fail to identify yourself.

Telling me you are recording me IS NOT sufficient in California. You need continuing education and should be well informed about the various state laws regarding the recording of conversations.  California is a 2-party state meaning to tell me you are calling is not sufficient. You must have my expressed permission.

I've asked several times in writing for Zwicker to give me Proof of my debt, as in accordance with the FDCP but they refuse.

Your suggestion that IF you violate the Fair Debt Practices I should sue, GOOD IDEA may I quote you to your bosses.  Advising someone to sue should be a violation of the Fair Debt collection Practices, if not, it is in Bad Faith. To say my only recourse to resolve this matter is litigation seems off.

I do agree, all consumers should start suing this bailout banks.  I have reported you to the FTC but doubt they will do anything as they are overwhelmed with other reports of your antics.

Just curious, why are all bill collectors so formal when it comes to their names, i.e Mr. Williams, Ms. Powers but then so informal when address consumers, like calling consumers by their first names?  Where the F do you get off!!

Well Richard, nice to know all is well with you. I tend to agree with what you posted but I think you should consider the current economic depression this country is going through before you spout off old bill collecting rhetoric.

We are in a depression mostly caused by the banks on Wall St. who did preditory lending.  For their incompetence, they received a bail out no strings attached.

Seems to me, the banks should be forced to use the bail out money to pay off bad debts and leave consumers alone but NO the banks got tons of $$ and continue to apply outdated credit rules to consumers.

The fact that the middle class, such as myself, are facing a real economic crises where we never have before is proof that this country is headed toward the worse depression since the Great Depression and for you to call me a deadbeat or imply that I am just some spend crazy consumer is really wrong.

I have had excellent credit since 1975. Your bank friends have loved me for 3 decades giving me lines of credit up to  $105,000. Many of my credit cards I had for years and never used until I found myself unemployed and unable to support myself any other way.

There needs to be a total revolution with the credit card companies and the way they treat consumers. 

As for you Richard, you should find a career in which you actually do something to benefit society rather than being a pond scum bottom feeding bill collector.

If people didn't live beyond their means or in this case abuse credit when there is a sudden loss of income they wouldn't be in their current situation. This portion of my commentary is not coming from a professional opinion, rather my personal opinion.

When issuing credit cards most banks include what is called an escalation clause in their contract that states your balance becomes due in full when you default on the credit they have extended you.

In regards to this specific post, the second sentence of your post states you used the money made available to you by the bank to supplement your income knowing that you couldn't readily repay the debt that you were racking up. The fact that banks received government bailout money doesn't excuse the fact that you knowingly took what you couldn't repay. Although you made a conscious effort to repay, you were not abiding by the original contract that you signed. There are no feelings in business and while i'm sure you were pulling at the emotions of whoever you spoke to at the bank, your contract is specific for a reason. To protect the bank's interests and their shareholders.

Banks are in business to make money, period. So when you said, "Fine, don't take my money, i'm just not going to pay you." That is where we come in. Regardless of your many opinions the fact is that Zwicker & Associates IS a law firm, employs ACTUAL attorneys and WILL SUE you if you don't comply with the terms of your original contract. 

The banks want their money. We are just the people who call you and allow you another opportunity to pay on a voluntary basis. If that doesn't work, our network of attorneys are the individuals who provide involuntary solutions to your debt problems.

In regards to your statements about violations of the law, if we have violated the law why haven't you sued? Perhaps it comes back to your inability to provide proof that we have violated the law. Provide copies of these letters you have sent and copies of the certified mail receipts which I am sure, being the intelligent individual you are, you have in your possession.  

One thing I would love to see you do is prove that we have violated EVERY FAIR DEBT COLLECTION LAW. I am a mere collector at this firm and every person I speak to is notified that I am not an attorney and cannot provide legal advice. Additionally I advise every person I speak to that all calls are recorded. If you don't want to be recorded, tell us.

The best thing you can do as a consumer is educate yourself.

We provide multiple programs to people in an effort to resolve their debt and it seems that most of the time people are unwilling to put forth any effort at all to reach the same end. You want what is comfortable and sometimes in life you can't have your cake and eat it too. Sometimes you have to pull your head out from where it's lodged and remember that YOU put yourself into this situation. Normally it is so easy and tempting to use credit and accrue debt and it is one of the most difficult things to get yourself out of.

It takes sacrifice, dedication and a willingness to humble yourself and swallow your pride to dig yourself out of the hole you are in. It may not be the easiest thing you have done but remember you put yourself here, we didn't. We are protecting our client's interests. If you feel the firm or a collector has violated the law we need to be notified so that the issue can be handled because it is out of control people who give debt collectors a bad name and people who can't take responsibility for their own actions and pay their debts who raise interest rates, just like people who steal raise the prices of goods that we all buy and use.

I am so sick of people whining and complaining because they can't handle the fact that they have left themselves in such an akward position. Stop complaining about how it's because of the bank that you are now in debt because they wouldn't take $20, $30 or even $100 on your debt as opposed to what you owed or agreed to pay.

I am no different from the people posting on this blog or anyone on the planet in the respect that I have bills, I owe money, and it is sometimes a difficult decision for me to do what I know I should instead of what I want to do. The difference is I sacrifice to meet my obligations. My family doesn't suffer and they have nice things, but I will go without to pay my bills.

You have the number to the firm, stop wasting time rallying pity for yourself and put forth the effort to get yourself out of the situation you are in.

Mr. Williams

Stoney Stoner:  I think your moniker says it all. Only a stoner would think a debt collector is actually "trying to help you"

To the idiot oxymoron who calls herself a "Professional" debt collector, I think your rambling, illogical and difficult to read posting proves my  case that Zwicker employees are essentially ignorant and uneducated.

they did not buy your debt.  Zwicker and Assoc. is RETAINED by Chase.  Your debt was not bought, they are trying to collect on behalf of any card who retains them, and it just so happens they have alot of these cc companies.

Zwicker is not a bunch of crooks and are actually helping you out.  Listen, all of these debts were accrued when both parties agreed to a contract.  One party breached it, now balance in full is due.  Your going to get sued for this money if you don't pay.  They called me and gave me a chance to pay before I got sued.  This company doesnt handle medical debts, all these credit cards are good faith contracts.  If you go into default you owe it all.  I got off with paying 65% and was happy.

This firm is not fake.  My neighbor got served by them.  This original report is wrong.  Some debt companies are telling people this, but its not true.  Dont think so?  My neighbor paid them off when she refi'd her home, they served her, got a judgement, and put a lien on her home.  Had to pay it off in order to refi.  They garnish wages in 44 states.  Pay them if you owe them. 

Just an FYI, Zwicker & Assoc IS a valid law firm, licensed in MA as well as other states. By their own admission (advertising) they are a "single disciplinary law firm with nationwide debt collection and litigation capabilities. The firm's single discipline is the practice of collection law from a creditor's rights perspective."

That said, I am in no way condoning, excusing, or admiring their tactics. I too have a chase account that they now have. What I am attempting to determine is whether chase is their client or if zwicker bought the debt. If anyone has some concrete answers I would more than appreciate them! I have already sent zwicker a DV request within my 30-day window (it took them several months to respond) - all they sent was a faxed copy of a statement.

BTW, the letter accompanying the "documentation" was signed by a "Litigation Paralegal" - is this an attempt at intimidation?

First - learn to spell and use proper paragraphs

Second - you work for a scumbag collection agency period - get a real job and stop harrassing people

Third - to the OP here is some info for you

Paul W. Zwicker, Esquire, President 

John Twite, Sr. VP Operations
Robert W. Thuotte, Sr. VP, General Counsel
Micheal Koziol VP, Collection Operations

Bud Says                         Consumer Comments Below

Attorneys involved in debt collection for accounts such as AMEX and others. Their collectors have been known to threaten lawsuits if monies are not paid immediately, are very aggressive, fast talking, somewhat obnoxious in delivering their collection scripts.

to your statemnet that you think that we well my job zwicker and associates is unprofessional as well as violates the FDCPA you are wrong, i am not saying it due to the fact i am a nearly 5year employee there and we all need a job i am saying it due to it being a fact we are professional and abide 100% to the fdcpa terms. As for the fact that you are in debt and as well the fact or not that the economy may be playing a factor to this argument from you, to me honestly not as an employee but as a woman, #1 - your debt was likely to accrue and go so bad to this was caused before the economic depression. the economy has always been bad and will continue to be. it is greed, you admittingly stated that you ate off of the money to have food in the house but there ar other things to do beside run up a card that the money belongs to someone else and now pay it back to your hopeful benefit. Times for some yes indeed re hard and we do accept "hardship temporary payment plans to avoid a possible litigation act under the civil suit by a court in your state.we are in Massachusettes but yes collect for other states and do hire legal outside of the state counsel. You make it seem as if we are hounding you and harrasing you and we do not do as such. it is a job as you have and we follow the rules and the laws. a credit card should not be a free ride and is not a free ride. i was taught by my mom if u dont have it dont spend it. #2  - If you do send a letter of cease and desist to all your numbers and request all corospondence by mail than my law firm whos primary function is creditors in which is civil then we do not call you and is inputed always is believe me it is. #3- i understand that you do not like to be called and reminded you have money owed nobody likes it i have been there and i have 2 kids to feed to but i also know i had to clean up my debt. we are hardworking and even take tests according to the law at certain times and we are "human too" we will work with you. I personally do not like to have anybody sued at all - it is nothing to ride home about, but sometimes it does happen when we come across people that really think it may happen or just avoid it and it is not out of vindictiveness it is just the law of a possible civil act. you ever remember when we would try to talk to our parents when we were younger and we would just shut it out well debt most debt you cant shut out like that. i love it there because i know i am a hardworking mother as well as assure i cater to you as best to my ability to accomplish helping you. in some cases i cannot if you are being sued it does happen - some cases we cannot settle and the balance is due and some accounts do get sued. but some you can get a temporary payment plan. we are not barbarians we are doing our job and as well are here to help. just because our law firm is retained to help get the debt repaid it doesnt mean we are not going to help. as for the employee that bashed our firm, hmmm; you are not there for a reason and i know the atmosphere is not as you said: if you know what you are supposed to do and the laws and the consumers laws and rights with it and help it with them and you are professional than wheres the issue? my advice to you consumer when we do talk with you we do listen and do give you every option to help you, just open your ears of having a great life and future with your credit and possibility pf being sued just as we open ours