Collection Calls From Zwicker & Associates

Zwicker & Associates is a law firm that collectsdebts and can sue you. Learn what to do if they call you.

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IN THIS ARTICLE:
  • Zwicker & Associates are professional collection agents tasked with one job: collecting from people they think owe money.
  • Zwicker & Associates are a law firm and have the ability to sue you for a debt on which you defaulted.
  • Learn three steps you can take when Zwicker & Associates contacts you about a debt it claims you owe.

Three Steps to Take When Zwicker & Associates Tries to Collect a Debt

Zwicker & Associates is a collection agent and law firm based in a suburb north of Boston, MA. It buys collection accounts from, and works on a contingency basis for major credit card issuers, including American Express. According to the BBB, Zwicker & Associates employs more than 800 employees, and has offices near Oakland, CA and Atlanta, GA. Zwicker & Associates employs 300 people at a call center in Hebron, KY. It is not public knowledge how many Zwicker & Associates employees are lawyers. However, the company is known to file lawsuits in almost all states.

Receiving Collection Calls?

Call 800-998-7497 to speak with a Money Coach. Discuss what to say and not to say in a phone call with a debt collector. Make a financial plan to avoid having this kind of problem again.

Zwicker & Associates
Sources: BBB, industry sources
80 Minuteman Road
Andover, MA 01810
(978) 686-2255
Zwicker & Associates employs more than 800 collection agents and lawyers at its headquarters north of Boston and a Kentucky call center. The company employs or contracts with debt collection lawyers in almost all US states. It calls itself a law firm specializing in debt collection, and has a reputation for filing lawsuits relatively quickly (see below).

Zwicker & Associates must follow the same rules other collection agents do. These rules are found in the Fair Debt Collection Practices Act (FDCPA). Zwicker & Associates calling itself a law firm does not make it exempt from the FDCPA.

When Zwicker & Associates contacts you to collect a debt, take these three steps in this order:

  1. Validate the debt
  2. Review the debt’s statute of limitations
  3. If necessary, negotiate a settlement with Zwicker & Associates

Validate the Debt

Under the FDCPA, consumers may dispute a debt when a collection agent attempts to collect a debt. This is called debt validation or debt verification. If the consumer does so within 30 days after the collection agent contacts the consumer, the collection agent must:

  1. Cease collection activities
  2. Ask the original creditor to verify the:
    • Amount of the debt
    • Name of the consumer
    • Other information, such as account numbers
  3. Share the debt validation information with the consumer

If the original creditor cannot provide validation, Zwicker & Associates may not collect the disputed debt. The threshold for debt validation is low. However, some collection agents have stated in testimony to the FTC and CFPB in the summer of 2013 that if a consumer disputes a debt, the collection agent will either return the collection account to the original creditor or otherwise cease all collection activities.

Errors on Credit Reports are Common
Is it worth your time to validate a debt? Yes! According to a 2013 FTC study, col­lectors could not verify nearly 50% of disputed debts. The least likely accounts to be validat­ed are med­ical, tele­com­munica­tions, and utility debts, and accounts more than 6 years old.

Statute of Limitations and Zwicker & Associates

If Zwicker & Associates validates the debt, look to your state’s statute of limitations to learn if Zwicker & Associates can use your state’s court system to collect the debt. State lawmakers created statutes of limitations for civil lawsuits to encourage people to settle their disputes quickly while the matter is fresh in people’s minds and records are still available. Other states have long statutes of limitations.

The statute of limitations for credit card and other consumer debts is a bit tricky. In all but two states, creditors can still file a lawsuit against a consumer after the statute of limitations has passed. If the statute of limitations clock has run out, it is up to the consumer to raise this defense and ask the court to dismiss the case.

Look up your state’s statute of limitations for credit card debt (if the collection account is for a credit card) or written contracts. Has the clock run out on this account? If so, then send Zwicker & Associates a cease communications notice. Under the FDCPA, collection agents must stop pestering a consumer once the consumer sends a cease and desist notice.

Stand Up to Harassment from Debt Collectors
Collection agents violate the FDCPA if they file a debt collection lawsuit against a consumer after the statute of limitation expired (Kimber v. Federal Financial Corp. 668 F.Supp. 1480 (1987) and Basile v. Blatt, Hasenmiller, Liebsker & Moore LLC, 632 F. Supp. 2d 842, 845 (2009)). Unscrupulous collection agents sue in hopes the consumer will not know this rule.

If Zwicker & Associates validates the debt and the statute of limitations has not run out, then you may want to negotiate a settlement for the debt.

Negotiate A Settlement With Zwicker & Associates

Collection companies handle collection accounts in one of two ways: Buy the collection account outright from the original creditor and own all rights to it, or work on a commission basis as an agent for the original creditor. Zwicker & Associates seems to buy some collection accounts and work on a commission basis for original creditors.

Zwicker Litigates Cases Aggressively
Zwicker & Associates contracts with or employs lawyers in 48 states. According to one experienced debt negotiator, some original creditors hiring Zwicker & Associates require it to sue within 90 days of receiving the account. “This is a creditor to watch,” the negotiator said. “If your account is there you need to settle as soon as you get a ‘30-days letter’ (threatening) a lawsuit.”

Collection agencies buy collection accounts for one to eight cents on the dollar, typically. The fresher the account, the more an agency pays for an account. A collection agency that owns an account has more negotiating flexibility than an agency working under the direction of the original creditor. The individual debt collectors who work for collection agencies are paid on a commission, and have extra incentives to make deals at the end of the week and at the end of the month. Use this to your advantage if you want to negotiate a settlement to the debt.

If the collection agency did not buy the account and is working under contract to the creditor, then it will have less price and payment term flexibility in settling the debt. Either because the agency bought the account for top-dollar, or because the agency is working for the creditor, settlements on newer accounts typically range from 40 to 60 cents on the dollar. Some original creditors are notoriously hard-nosed negotiators and will insist on more than 60 cents on the dollar.

Find the Best Way to Pay Off Debt

Unsure how to handle your debt? Let the Bills.com Debt Payoff tool give you a customized report on your debt resolution options. It’s free!

If you do not feel comfortable negotiating, then partner with a debt settlement provider. Debt settlement companies employ teams of people who do nothing but negotiate settlements all day. Debt settlement companies rely on databases of past settlements so their negotiators know what range original creditors and collection agencies have accepted for settlements in the past.

Bills Action Plan
When Zwicker & Associates contacts you about a debt, validate and dispute the debt. If the original creditor cannot validate the debt, Zwicker & Associates cannot collect it. If the debt is validated, then review the debt's statute of limitations to determine if it is likely the collection agent will file a lawsuit against you. If the debt is not time-barred, then learn tactics and strategies for negotiating a settlement with Zwicker & Associates.
8 Comments
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  • D
    Darryl Ramirez,
    Feb, 2020

    I had an issue with Discover Card over payments / charges that i did not incur. I sent letters and  made phone calls to the agency, but did not get a official reply. When I started paying my debts, I was involved in a car accident which derailed my payment plan for several months. Most of my debts will be paid this year. And I called Discover who accounced that my account was now in the firm Zwicker and Assoc. Will they ask for a monthly payment plan, as I mentioned over the phone?

    • 35x35
      Daniel,
      Feb, 2020

      Daryl, it isn't clear to me why you would commit to repaying the debt if you did not incur the charges. Did you attempt to prove, at any point, that you weren't responsible for the charges? 

      I don't know what proof you have or if Zwicker and Assoc. would be open to viewing it. If you were sued, you could present evidence that the debt is not your responsibility. Depending on how solid the evidence, that may be a good option. Consulting with an attorney who can offer a professional opinion on the strength of your proof is wise, especially if the debt is large.

      Zwicker & Assoc. may be open to a monthly payment plan. I can't say one way or the other. If you pursue that don't commit to a payment you can't afford to make. Also, have ready the proof of your car accident, its effect on your finances, and the progress you made digging yourself out of a hole. That is something that shows good faith on your part and action to back it up.

      Lastly, if you agree to a payment, get the terms in writing.

  • D
    Debra parsons,
    Jan, 2020

    My husband had 2 major strokes and 3 minor strokes last year all in about a month. We have NEVER been late on any payments until this happened. Some of my credit card companies have a hardship program and I am paying on those. We both get ss and I am his caretaker so I can’t work. But a few of them don’t have hardship programs, Discover is one of them and I’ve asked and asked. And the payments they want I CAN NOT afford We get no help at all tried state help get a whole $15.00 a month in food stamps. Can they still come after me?

    • 35x35
      Daniel,
      Jan, 2020

      Debra, I am sorry to read of your husband's medical crises and the financial burder that has fallen on you.

      Yes, creditors can come after you, but that doesn't necessarily mean they can harm you. It sounds like your income is protected. If you are sued and a judgment is obtained against you, check the collection laws from your state to see what protections exist for a bank account.

      For peace of mind, I recommend that you find a free legal aid clinic in your area and get definitive answers about your income and what steps to take to protect money in a bank account.

  • B
    Barbara,
    Dec, 2019

    I was working full time paying my debts until I had an accident with head trauma & was in the hospital . I was not able to go back to my job & had physical therapy for 1.5 years. I went on social security disability. Now I am 70 and on SSI, can they go after me now for Discover Card when I know longer work or have any income or resources?

    • 35x35
      Daniel,
      Dec, 2019

      You ask if Discover can go after you, given the medical trauma you suffered that resulted in you not working, having no resources, and receiving SSI. The answer is yes, Discover can call to collect the debt and then sue you if you don't pay, likely receiving a judgment against you.

      That doesn't mean that Discover can collect from you, however. If your only source if income is SSI, you have the funds directly deposited into your bank account, you don't keep more than two times the monthly award in your account, and you have no assets, then Discover will not be able to collect from you even with a judgment. Your current  finanical state may influence them to not sue you, but they are known as a litigious. If they sue you, go to court and make clear to the judge what happened that made paying the debt back not possible.

      Lastly, look at the collection laws in your state and see what protections are offered to bank accounts. If they are greater than twice your monthly award, the stronger protection is in effect. But, no matter what , the amount equal to two months of your award is protected.

  • ,
    Jun, 2019

    Hello, I just received a letter/ settlement offer from Zwicker & associates on my American Express judgement from 2011. AMEX obtained judgment in 2011 for the amount of $15,000 and they tried income and bank account garnishing but couldn’t get anything.

    That was it until few days ago when, out of nowhere, I received this settlement offer from Zwicker. The offer was for $4500 to be paid over 12 months/ 12 equal payments which would satisfy the judgement. My dilemma is this: should I accept this, offer them even smaller one time lump sum payment or forget about it and let see What happens. I live in Florida and I’m married. I don’t have any income ( my wife owns the business and makes money and she isn’t part of the judgement), checking/savings account is joint, any other liquid assets are in my wife’s name ( since 2009) and my house is primary residence/homestead.

    I think I’m probably judgement proof but the judgement won’t go away. What would you do in this situation? Thank you

    • 35x35
      Daniel,
      Jun, 2019

      I can't give legal advice, as only an attorney can properly do so. Here are a couple of thoughts, with the understanding that I am not giving you legal advice.


      Any bank account with your name on it is subject to bank levy, so it surprises me that you are a co-holder of the bank account and it has never been levied. I would remove my name from that account (or any other account, if one exists, that had my name).


      Judgments last 20 years in Florida and can be renewed. If I though that I would, at some point, have income or assets that the judgment-holder could attach, I would settle. If I were able to avoid collection, I would either do nothing or try and negotiate a better settlement. If it required a lot of effort to handle finances after removing my name from all bank accounts, I would weigh that in my decision of the benefits of settling the debt.

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