logo

Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Zwicker filing a dismissal?

Date: Tue, 02/16/2010 - 03:06

Submitted by anonymous
on Tue, 02/16/2010 - 03:06

Posts: 202330 Credits: [Donate]

Total Replies: 9


So I have a Trial Setting Conference to go to soon and all of the sudden I received mail from Zwicker. It's a Request For Dismissal. They want the case to be dismissed (why?) without prejudice.

The problem is that I just checked the court records and it says the dismissal was rejected:

REJECT SHEET SENT TO (AMERICAN EXPRESS CENTURION BANK)
FOR REJECTION OF REQUEST FOR DISMISSAL DUE TO THERE BEING
A FEE WAIVER ON FILE THUS SECTION 2 AND THE SECOND PAGE
OF DISMISSAL FORM MUST BE FILLED OUT SUBMITTED ON
02/11/10

So now what? Do I still go? I think I should still show up. But I'm just wondering what the heck is up with this.


Quote:

Originally Posted by Anonymous
So I have a Trial Setting Conference to go to soon and all of the sudden I received mail from Zwicker. It's a Request For Dismissal. They want the case to be dismissed (why?) without prejudice.

The problem is that I just checked the court records and it says the dismissal was rejected:

REJECT SHEET SENT TO (AMERICAN EXPRESS CENTURION BANK)
FOR REJECTION OF REQUEST FOR DISMISSAL DUE TO THERE BEING
A FEE WAIVER ON FILE THUS SECTION 2 AND THE SECOND PAGE
OF DISMISSAL FORM MUST BE FILLED OUT SUBMITTED ON
02/11/10

So now what? Do I still go? I think I should still show up. But I'm just wondering what the heck is up with this.


yes you should go.i would also check with your court clerk.i wouldn't trust zwicker at all.this is my take,that they want a default as they live on those and are getting a bunch of defaults in new york vacated by the AG in new york.check with your court clerk to be sure,but plan on going with your papers as before.


lrhall41

Submitted by paulmergel on Tue, 02/16/2010 - 04:51

( Posts: 15514 | Credits: )


I have a long time friend (from high school) who works at one of the top collection agencies. When I was going through my financial troubles we hardly spoke since I could not understand how the guy could sleep at night. Thanks to this board I am on the right track though. When I ran into him a few weeks ago he said he was swamped with business. When I asked why he informed me that either they either found a loophole or a loophole was intentional buried in to the new Nobama consumer credit protection act which should be live shortly. Basically they are dismissing a ton of cases without prejudice so they can re-file and now legally collect more interest. I was infuriated with his comments but can't comment on the accuracy of his comments. From what his wife was saying with his work load I would be inclined to believe it however. I figured the new Obama rules had a catch as they always seem to do. I am not trying to be a downer but instead asking you to help the board. If you receive any new suit or information from this or other companies about the same debt PLEASE come here and post about it. I can't figure out what they angle is yet so I need pieces of the puzzle the put it together. I've been in your shoes so even if this is true DON'T GIVE UP. Your friends here will help you fight it till the end.


lrhall41

Submitted by on Tue, 02/16/2010 - 08:33

( Posts: | Credits: )


Is the OP from Massachusetts? Just curious and wanted to wish a fellow MAhole luck,lol..

YES as Paul said, show up. When I had a case, the collector sent a dismissal to me. I called the clerk and she said I didn't have to show up. Well I still did and she yelled at me telling me she had told me the day before I didn't have to show.

I will not trust the court, I will not trust a debt collector or an attorney. I want to see for myself.

As for Zwicker and associates, they are a scum bag law firm just like all the other "debt collection law firms" in MA. From what I have seen there are very few law firms that are good in MA. The problem is there are too many that are graduating from law school and the only way they can get work is to get into debt collection. So they open up a debt collection company and a law firm. They never use the name of the debt collection company and only use the name of the law firm as debt collectors must be licensed in MA but an attorney does not have to be. They found a little way to get around the law but I have been working on it and will soon be bringing it to the attention of my local senators to hopefully change the law and make an attorney as well as passive debt buyers get licensed.


lrhall41

Submitted by on Tue, 02/16/2010 - 18:46

( Posts: | Credits: )


I am not from Massachusetts. California, actually.
So I will be showing up at my "trial setting conference."
Any thoughts on what I should expect or bring? From what I read, it's a thing you go to to get a date for your trial. Am I right?
I wonder if I can bring the dismissal issue up during the "conference" and ask them to either dismiss it WITH PREJUDICE or don't dismiss it at all (if Zwicker's gonna file again and take advantage of the loophole to collect more interest).
How exciting!


lrhall41

Submitted by on Wed, 02/17/2010 - 05:03

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous

YES as Paul said, show up. When I had a case, the collector sent a dismissal to me. I called the clerk and she said I didn't have to show up. Well I still did and she yelled at me telling me she had told me the day before I didn't have to show.


So did you ever get sued again after the dismissal?


lrhall41

Submitted by on Wed, 02/17/2010 - 15:38

( Posts: | Credits: )


Quote:

Originally Posted by Anonymous
So did you ever get sued again after the dismissal?


if the suit is dismissed with prejudice.then you cannot be sued again.if it is dismissed without prejudice then they have 1 yr to re-file the suit.if they fail to do so it becomes dismissed with prejudice.push for that.a dismissal with prejudice.


lrhall41

Submitted by paulmergel on Wed, 02/17/2010 - 18:41

( Posts: 15514 | Credits: )