Zwicker help again please

[IamOld]

Guys I just received my "validation" letter from Zwicker.

All it says is this: "This is to confirm that the lender in the above captioned account has confirmed that this is correct. Contact John Somebodyorother - non-attorney manager - to discuss this account."

So - it's almost July - need to stretch things to Sept.

1) Should I respond to this? I'm presuming even they would allow time for mailing so I'm thinking IF I should respond not before the end of next week.

2) What is their next step - straight to pay now or else??

3) Do they give you - usually - a time to pay or whatnot before they file suit?

I need to streeetch...

Now, I could also direct them to my atty...

HELP please!!!

[shark66]

Have they specified the lender, account number and the amount owed?

If not, call BS in a professional manner.

If yes, dispute the amount owed.

Either way you'll buy yourself some time.

If you're serious about filing in September my opinion is that you're safe from anything *really* bad happening.

If they sue, you respond, drag the whole thing out for a bit more.

My $0.02 only...

Good luck.

[IamOld]

Thanks Shark!!!! The letter just says you owe what we said you owe because we confirmed it with the lender listed above. So I think this is just a form letter that their "system" generates to DV letters. They specified lender, accct $$ on the original letter.

So can I send them back something that says I disagree with this....???

[shark66]

Heck yeah.

Play as dumb as you can, ask for specifics, but stay polite.

Lender - what lender? Chase? BOA? Bank Of Zimbabwe?

Account - what account? Visa? Mastercard? Crocodile Island Retreat Card?

Amount - you can't be serious. I've never owed this much to anyone.

I'm sure you can catch my drift...

Good luck.

[IamOld]

NICE!!! Understood - I will do that then (it's Target by the way...my other target account is headed for someone else's "law firm." I will do this...I'll wait till say next weekend, which means they won't see it until July 5th....

Sounds ok??

Heck yeah.

Play as dumb as you can, ask for specifics, but stay polite.

Lender - what lender? Chase? BOA? Bank Of Zimbabwe?

Account - what account? Visa? Mastercard? Crocodile Island Retreat Card?

Amount - you can't be serious. I've never owed this much to anyone.

I'm sure you can catch my drift...

Good luck.

[BrokeIn2011]

IamOld . . . OMG!!! Zwicker is suing me! I just got their summons one week ago Tuesday. I have 30 days to reply to their summons.

Upon reading your post, I wonder if I might have some room and time if I do like Shark66 said (play dumb), because I do not ever recall receiving a collections letter from them, but I have been receiving their collection voice mails, since I rarely answer my phone anymore, as I try to avoid all collection calls. I am going to be checking with a lawyer in the next few days to see if I can get some help, but I wonder if I can answer my summons in regards to demanding them show me evidence that I owe them money (i.e. again, like Shark66 stated). Yet I am guessing that Zwicker is a 2nd or 3rd party collector, because the almost 14K I owe (that Zwicker wants) , started off with that almost 14K debt with my CitiBank Sears Gold MasterCard. Yet if I can answer their summons (by playing dumb), that "may" give me more time to see if I am going to go BK or not.

[catleg]

Yes it's important to look like an "honest consumer" who has a legitimate concern about an incorrect balance or a problem with merchandise purchased with the card, and/or identity theft. Be as specific as possible. Like the $800 patio set I bought is already rusting and when are you going to come out and replace it like the local target manager promised. That should get their head spinning.

[BrokeIn2011]

I just saw this about Zwicker on Rip-ff Report . . . with regard to the poster saying:

"Now after a month or two of quiet, we recieved a letter from Zwicker. Zwicker is demanding the payment in full. I followed their letter with a letter of my own stating all of the above and demanding that they send all of the proper documents. Proof of the debt, original signature agreement, itemized billing, amounts written off by sears, tax deductions, etc.

Zwicker has refused to submit any information to me. They have refused to accept my letters as proof. A Mr. Ramirez signed for the certified letter with my proof of payments made, but refuses to acknowledge signing for it, or to send the requested proof documents.

I was told by Zwicker that although I live in Texas, they only have to use the collection laws of the state of Massachusetts. That Mass does not require them to provide proof of anything and that they will get a court judgment against me garnishing wages. I did not bother to tell them that I don't believe Texas to be a garnishment state (will have to check to be sure of that).

Zwicker calls about once a day and attempts to get money from me. I don't owe this account. I did pay if off. The lastest call says they are getting the court judgment against me in the next week and I will have to deal with the consequences. I don't know how to fight a court hearing that is not even in my state???

Their collection practices are unfair and appear to be illegal. They demand, threaten and follow up derrogatory comments about your inability to pay your debts. I did pay it. In full. Not even a settlement, but paid my full debt, plus interest and fees."

SEE THE ENTIRE POSTING BY CLICKING ON THE LINK BELOW:

http://www.ripoffreport.com/collection-agency-s/zwicker-associates/zwicker-associates-unwilling-f4c4w.htm

[IamOld]

Broke, I expect I'll get the same love letter from them sooner or later! Catleg below is quite right! Also (and I do not presume to know CA law) but I think if they're suing you for $14K there's no way that's in small claims - so maybe you can stretch that out for quite a while - offer the answer as late as possible, then I suspect they set a court date, see if you can get a postponement...

IamOld . . . OMG!!! Zwicker is suing me! I just got their summons one week ago Tuesday. I have 30 days to reply to their summons.

Upon reading your post, I wonder if I might have some room and time if I do like Shark66 said (play dumb), because I do not ever recall receiving a collections letter from them, but I have been receiving their collection voice mails, since I rarely answer my phone anymore, as I try to avoid all collection calls. I am going to be checking with a lawyer in the next few days to see if I can get some help, but I wonder if I can answer my summons in regards to demanding them show me evidence that I owe them money (i.e. again, like Shark66 stated). Yet I am guessing that Zwicker is a 2nd or 3rd party collector, because the almost 14K I owe (that Zwicker wants) , started off with that almost 14K debt with my CitiBank Sears Gold MasterCard. Yet if I can answer their summons (by playing dumb), that "may" give me more time to see if I am going to go BK or not.

[IamOld]

Nice people!!! The thing is for consumer debt, they have to sue in the state in which the cardholder resides. The thing is, in TX you cannot garnish wages - what they're threatening there is to sue in Mass, and get an out of state garnishment order executed in TX - the thing is, that can be done (I believe) BUT if an only if you can be sued in Mass...they're scum.

I just saw this about Zwicker on Rip-ff Report . . . with regard to the poster saying:

"Now after a month or two of quiet, we recieved a letter from Zwicker. Zwicker is demanding the payment in full. I followed their letter with a letter of my own stating all of the above and demanding that they send all of the proper documents. Proof of the debt, original signature agreement, itemized billing, amounts written off by sears, tax deductions, etc.

Zwicker has refused to submit any information to me. They have refused to accept my letters as proof. A Mr. Ramirez signed for the certified letter with my proof of payments made, but refuses to acknowledge signing for it, or to send the requested proof documents.

I was told by Zwicker that although I live in Texas, they only have to use the collection laws of the state of Massachusetts. That Mass does not require them to provide proof of anything and that they will get a court judgment against me garnishing wages. I did not bother to tell them that I don't believe Texas to be a garnishment state (will have to check to be sure of that).

Zwicker calls about once a day and attempts to get money from me. I don't owe this account. I did pay if off. The lastest call says they are getting the court judgment against me in the next week and I will have to deal with the consequences. I don't know how to fight a court hearing that is not even in my state???

Their collection practices are unfair and appear to be illegal. They demand, threaten and follow up derrogatory comments about your inability to pay your debts. I did pay it. In full. Not even a settlement, but paid my full debt, plus interest and fees."

SEE THE ENTIRE POSTING BY CLICKING ON THE LINK BELOW:

http://www.ripoffreport.com/collecti...ling-f4c4w.htm

[shark66]

Nice people!!! The thing is for consumer debt, they have to sue in the state in which the cardholder resides. The thing is, in TX you cannot garnish wages - what they're threatening there is to sue in Mass, and get an out of state garnishment order executed in TX - the thing is, that can be done (I believe) BUT if an only if you can be sued in Mass...they're scum.

I'm fairly certain that they wouldn't be able to garnish wages in Texas for consumer debt no matter what type of judgment they had outside of the state.

Bank accounts, personal property...that's a whole another ball game.

Good luck to us all.

[BrokeIn2011]

Thank you IamOld,

I agree with Shark66, Good luck to us all. However, Zwicker sounds like one really tough, ugly, dirty, and nasty cookie

[shark66]

I must admit that I'm puzzled - to a degree - with the fact that no one over there seems to understand that sooner or later, a flipped-out customer will end up sending them a bomb or an envelope filled with Antrax...

Times are tough and people are stressed out. I would not want to be a debt collector working for a firm that engages in such shady practices...seriously. And I'm NOT talking about ethical concerns...

Good luck to us all.