How to Defend a Lawsuit from Zwicker & Associates
Confronting a lawsuit can be a challenging experience, especially when it comes from a debt collection law firms like Zwicker & Associates P.C. in Texas, a company you might not be familiar with. Understanding your legal rights and options is essential when facing such a situation. Our team of Texas Debt Defense Attorneys offer insights into dealing with Zwicker & Associates and strategies for handling a lawsuit from them.
Understanding Zwicker & Associates
Zwicker & Associates, P.C., established in 1991, is a law firm based in Massachusetts, with a focus on debt collection across the United States. They represent a variety of creditors, including major credit card companies and banks. Their approach to debt recovery involves initial contact attempts through phone or mail, escalating to lawsuits if necessary.
Who Does Zwicker & Associates Represent in Texas?
In Texas, Zwicker & Associates frequently handles debt collection for:
- American Express Company
- Discover Bank
- Goldman Sachs Bank USA
- PNC Bank, N.A.
These clients trust Zwicker & Associates to pursue alleged outstanding debts, which can range from credit card and student loan debts to personal loans.
How to Defend a Lawsuit from Zwicker & Associates
If you find yourself targeted by a lawsuit from Zwicker & Associates for debt collection, it’s crucial to take prompt and strategic action as follows:
- Do Not Overlook the Lawsuit: Ignoring it could lead to a default judgment, potentially resulting in bank garnishments, liens, or seizures.
- Consult an Experienced Debt Defense Lawyer: Our lawyers at Jaffer & Associates excel in helping Texans effectively handle collection cases, ensuring you understand your legal position, the authenticity of the debt, and potential defenses.
- Respond Timely to the Lawsuit: Failing to respond promptly might result in a default judgment. You have 14 days to respond if you are sued by Zwicker & Associates in a Justice of the Peace Court. Otherwise, you have 20 days from being served the lawsuit if the case was filed in a County of District Court in Texas.
- Consider Settlement or Legal Challenge: Depending on your situation, settling the lawsuit, or contesting it in court are viable options. Settlements can be advantageous in reducing debt amounts and getting a manageable payment plan. Whereas challenging the lawsuit is suitable if there are flaws in the creditor’s case, such as incorrect debt amounts, expired statutes of limitations, mistaken identity, or identity theft.
- Challenge the Lawsuit’s Merits: Your lawyer can help identify any inaccuracies or errors in the lawsuit, such as incorrect debt amounts or mistaken identity. Uncovering these issues can be critical in defending against the lawsuit.
- Discovery and Getting a Dismissal:
One major element of defending the case is to verify if the creditor has all records necessary to prove up their claim. In debt collection lawsuits you or your attorney should request all credit card statements, bills of sales, and purchase and sales agreements to ensure that the party suing has the right to sue for the consumer debt. This happens in discovery during a lawsuit and can lead to a lawsuit being dismissed if done correctly. - Negotiate a Settlement: If Zwicker & Associates presents a strong and meritorious case then negotiating a settlement for a much lower amount may be the wise approach. Often, settlements can be negotiated to amounts significantly lower than the original debt and payment plans are also available.
- Filing a Counterclaim:You may be able to file a counterclaim for violation of the Fair Debt Collection Practices “FDCPA” or the Fair Credit Reporting Act “FCRA”. This occurs if the creditor or debt buyer engages in practices or conduct prohibited under these federal consumer protection laws. An experienced attorney such as the attorneys at Jaffer & Associates looks for all sorts of violations during the defense of your lawsuit.
How Much Does a Debt Defense Attorney Charge?
We at Jaffer & Associates charge a Flat Fee for your lawsuit defense based on the amount of the lawsuit. You can either pay upfront in full or we can provide you with a flexible payment plan.
SEE OUR PRICING
