Is Zwicker and Associates PC calling you? Here's what you need to know.
Financial problems are major stressors. When debt collectors start calling about overdue payments on your student loans, credit cards, mortgages, or medical bills, it can take a serious toll on your mental and physical wellbeing.
Debt collector harassment has been responsible for marital breakdowns, personal bankruptcies, and job loss. Although it is perfectly legal to be persistent when attempting to collect from you, abusive and deceptive methods are not. The Fair Debt Collection Practices Act, or FDCPA, requires all third-party debt collectors to be professional and transparent while collecting or attempting to collect a debt. Under the law, they may not do any of the following:
- Call you outside of the 8:00 a.m. - 9:00 p.m. time frame in your time zone
- Use obscene or profane language
- Pretend to be police officers or government agents who intend to arrest you for nonpayment
- Ignore your cease communications request
- Discuss the debt with anyone except you, your spouse, attorney and any co-signers
- Calling you at work after you’ve told them that you’re not allowed to talk to them there
- Making threats they cannot legally carry out or have no intention of carrying out
Many debt collectors deliberately ignore the law in favor of doing whatever it takes to make you pay.
Zwicker & Associates, PC is a law office headquartered in Andover, Massachusetts. It was established in 1991 and employs a staff of approximately 10 to 19 at the central location. There are also branch offices in Kentucky, Georgia, Oregon, Michigan, New York, California, Maryland, and New Jersey. A review of court cases archived at the Public Access to Court Electronic Records website (pacer.gov) show that Zwicker & Associates, PC has been sued frequently for allegedly violating the FDCPA.
Russell and Sue Poe v. Zwicker & Associates, PC
In the fall of 2010 Alabama residents Russell and Sue Poe began making prearranged monthly payments to Zwicker & Associates, PC on an American Express card debt that Mr. Poe allegedly owed. Beginning in February 2011, monthly payments of $147 were made.
In December 2011 the Poes asked if the payment could be made towards the end of the month rather than the middle of the month. The Zwicker representative they spoke to allegedly approved the request, and the firm continued to accept payments through the winter and spring of 2012.
On May 7, 2012, the Couch Conville Blitt law firm filed suit against Russell Poe to recover this debt. Shocked, the Poes called Zwicker & Associates, PC and were allegedly told that because of the delayed December 2011 payment, the payment agreement was broken and the account was sent to collection counsel. Zwicker allegedly claimed that there was nothing further they could do.
The matter was later settled.
Zwicker & Associates, PC has the following phone numbers associated with its various locations:
If any of these numbers appear on your caller ID, a debt collector is attempting to collect a debt from you. If they behave unethically or approve actions that turn out to be detrimental to you, contact a consumer attorney. Such lack of transparency and accountability is illegal, and you could be awarded compensation of $1,000 per FDCPA violation. Never hesitate to exercise the rights that the law gives you.
*Case taken from PACER (www.pacer.gov). File number is 2:12-cv-02179-RDP from United States District Court for the Northern District of Alabama, Southern Division
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Zwicker & Associates, or any other third-party collection agency, you may not be entitled to any compensation.