Debtconsolidationcare.com - the USA consumer forum

served summons-- what's next?

Date: Tue, 01/31/2006 - 12:51

Submitted by anonymous
on Tue, 01/31/2006 - 12:51

Posts: 202330 Credits: [Donate]

Total Replies: 54


I've been sued for a $3500 debt to credit catd company. I called the alw firm listed (Zwicker & associates) and offered a payment plan. They said they were going to go ahead with the court anyway unless I can pay in full. Any advice?


If anyone has been fired by Denise Arnold at Zwicker and Associates apply to this website for a Class Action suit against her for unfair treatment of employees and no pay for overtime.


lrhall41

Submitted by on Fri, 10/09/2009 - 11:28

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Get a lawyer. Those who specialize in these kind of cases can incorporate the legal fees into the monthly payments. They set up something so if they help settle for 50% or some other percentage of the amount of the debt, they will charge a fee based on 25% of the debt amount you no longer have to pay. It's very reasonable, especially to have a professional do all of the responses, motions, discovery, and negotiating. They can also explain what you should expect and help relieve some of your worries. In fact, you should obtain a lawyer as soon as you receive a letter threatening to sue from Zwicker and Associates so your lawyer can notify them that you are looking for debt settlement and willing to negotiate.

I was just summoned today but I have an attorney already assigned to work on this case and I feel in control over the process. It's not worth my time and energy to worry about what will happen because I have the lawyer working to get the most favorable outcome. I don't want to communicate with the creditor except through my lawyer. I've already spent so much time trying to reduce American Express' illegal interest rates (thanks to a Supreme Court loophole they can charge 20% or higher rather than up to 10% per California's usury laws), and dealing with their collections calls and letters. Why should I waste my breath with them a minute more? They pushed me over the edge with their illegal interest rates and exorbiant fees. If they were reasonable, I wouldn't be in this situation in the first place. Now I simply answer my calls and say I need this or that in writing and please contact my lawyer. Anything in the mail gets forwarded to my lawyer.

Zwicker and Associates HOPES that you will never respond to the summons. It makes their job easier because it means a default judgment and their client gets 100% or more of what you owe plus interests and fees. When you do respond with the help of a lawyer, then they want to avoid taking it to court because it will run up the legal fees and the judge is probably not going to give them a favorable outcome. Rather, they will work with your lawyer to settle out of court-- possibly at an amount much less than what you owe. The faster they can be done with you and get as much as they can out of it for minimal legal fees, the better it is for their client.

Don't be the fool who does not respond to the summons. You're only helping the creditor make your life more miserable.


lrhall41

Submitted by on Mon, 07/05/2010 - 18:28

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