crystaller
Houston,#2Consumer Comment
Mon, November 25, 2013
I'm in Texas can you please refer me to a great lawyer. Houston to be exact. And a bankruptcy lawyer that deals with stiudents loans as well thanks!!
HannaH8R
Georgia,#3Consumer Comment
Tue, February 28, 2012
If they never served you, you could look into your states rules about filing a motion to set aside or vacate the judgment for failure of service. Talk to a local atty. The court does not have personal jurisdiction if they never served you. You will probably have to have some proof (e.g. the court proof of service form -- if the address and description of the person served is different than your own, or if they said they served you on a date you weren't there).
***
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/blog/stop-collection-agency-harassment-from-zwicker-and-associates/
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/
Sample do-not-call/ validation letter vs. Zwicker:
Date: January 30, 2012
Zwicker & Associates, P.C.
80 Minuteman Rd.
Andover, MA 01810-1008
Account number(s): (See Enclosed)
RE: Request for Validation of Debt, 15 U.S.C. 1692g
Dear Sir or Madam:
This is my formal notice that I am disputing this debt, and requesting immediate validation under Section 809 of the Fair Debt Collection Practices Act, 15 U.S.C. 1692g, of the debt from your office. I am requesting that your office immediately send me a copy of the following documents: (a) the name, address, and phone number of an employee of the original creditor that can validate the debt, (b) proof of who is the current legal owner of the debt, and that you represent the original creditor or debt buyer, and (c) the original signed note, contract, credit agreement, or instrument creating the debt.
I am disputing this debt for the following reasons: this debt has not been validated. I do not know whether your debt collection company is the legal owner of this debt or not, or if the amounts charged are valid.
This is also my formal notice under 15 U.S.C. 1692c, to you to cease all further communications with me, my family members, and my associates and all third parties, unless I give you express permission to do so. You have my express permission to mail me the requested validation documents to the address listed below, but I do not give you permission to contact me over the phone, or in any other way except as specifically addressed in this letter.
This letter is not meant in any way to be an acknowledgment that I owe this money.
Sincerely,
John Doe
P.O. Box 0000
Atlanta, GA 30300
***
Stacey
Dallas,#4Consumer Comment
Sat, February 11, 2012
I stated that the individual should fight back to get their monies back. Whether or not you believe the OP is your business. I stated what I know since I was threatened by a third party debt collector, sued and won. They obtained judgement without his knowledge which is par for the course for third party scum bag debt collectors. Discover sold the debt and these sleazebags bought if for pennies on the dollar, probably inflated the debt and got a judgement without his knowledge.
Therefore I just used the information I acquired from MY Attorney to help the OP!
Righteous1
gg,#5Consumer Comment
Sat, February 11, 2012
Stacey, Telling someone to fight back when they clearly do NOT care to expound on the complaint or HOW a Collector got to their bank account WITHOUT a JUDGMENT ORDER??. The only thing you said that was valid and in alignment is for the poster to contact a lawyer for further legal suggestions.
I personally do not think the Poster is telling the entire tale, plus he even stated the card was in his name. Its HIS responsibility to check his credit reports for any activity....and having an account that his wife opened prior to their divorce still falls under his responsibility to make good on. I don't like that rule either but it is what it is. Heck I even know a lawyer that tells his clients to run up the credit bills when going thru a divorce just to add more angst to negotiating.
Stacey
Dallas,#6Consumer Comment
Fri, February 10, 2012
These scumbag third party debt collectors will stoop to any measures to get money. How did they get your bank information? Find a good Consumer Lawyer and talk to him/her. Go to www.budhibbs.com and he should have a link to lawyers who specialize in this type of situations.
Fight back! If you were in Texas I would give the name of a great Attorney. I am sure someone else will chime in but I wish you the best and get even!
Righteous1
gg,#7Consumer Comment
Fri, February 10, 2012
Sir, the report did not state if you went to the bank to investigate if they had a court order . Your report did not state that a judgement was made against you. Your report did not say if the credit company notified you of your responsibility of this debt. Contact a lawyer, I think your report is filled with too many vague comments that require specific investigation that a lawyer can aide.