978-686-2255

I work as a collector at Zwicker.  First of all, to all you deadbeats, pay up.  Or don't pay, see what happens to you.  As the man says, you can pay me now, or you can pay our attorneys later, way more cause we'll add tons of legal fees and interst onto your debt.  This is the best job, cause all the credit cards we colect on are now owned by the TARP, that's right, uncle sam, so if you don't pay up, we just send the IRS after you, LOL.  So go ahead and hang up on me, see if I care, before long you'll be calling us beggin us to let you pay before the US marshall puts all your stuff out on the driveway and evicts your ass.   We'll take your pets and put them to sleep, LOL, cause they're just considered property, and we can't be expected to pay to feed their hungry [***].  Or we'll sell them to a pet food company if its big enough like a horse.  And yes it's true, most of us make over 100k, at least the good ones, the bad and lazy ones don't last long just like all of you out on unemployment, or "claiming" to be out of work, we know the truth, pay up deadbeats!

Stop calling 407-339-2108 and leaving messages for my EX-WIFE...hello, ex-wife!!!!!

Prohibited Harassment

Debt collectors can call you and request that you pay the debt. However, they cannot harass you or abuse you. These are the types of things that they should not do:

•    Use obscene or profane language.
•    Make repeated frequent calls to annoy you.
•    Telephone you without identifying themselves.
•    Use threats of violence or harm against you.
•    Threaten to arrest you if you do not pay the debt.
•    Threaten to take action such as lawsuits, garnishments, or taking your property unless the collector intends to do so and it is legal.

Debt collectors cannot make false statements about themselves or the debts. They cannot misrepresent:

•    they are government officials;
•    that you have committed a crime;
•    that they work for the "credit bureau";
•    that the papers you received are legal summonses
or legal papers, if they are not;
•    the amount of your debt; or
•    that there is an attorney involved, if there is not.

Debt collectors are also prohibited from:

•    depositing a post-dated check before it is due;
•    threatening to take your property unless it is legal to do so;
•    contacting you by postcard.

What if the debt collector has violated the law?

The Fair Debt Collection Practices Act gives you a right to sue in state or federal court within one year from the violation. If you win, you can recover damages for your loss, court costs, and attorney's fees. Remember that the one-year period runs from the date the debt collector violated the law. You should act promptly to contact an attorney if you believe a debt collector has violated the law. If you fail to file your suit within one year of the violation, you lose your right to do so.

You can also notify the Federal Trade Commission (FTC) of violations. They cannot file lawsuits on your behalf, but they can investigate your complaints. Their address is: Consumer Response Center, Federal Trade Commission, Washington, D.C. 20580. You can also file a complaint through the Internet.

What should I do to prove my claim?

You should always keep copies of everything that the debt collection agency sends you. Use a file folder or large envelope and keep all of your letters together. Always keep copies of everything that you send to them.

When they call you, be sure to jot down notes of the exact words they used while talking to you on the telephone. Right after you hang up, write a summary of everything they told you, and what you told them. Note the date and time they called you. Be sure to write down their names and telephone numbers and the company they are with.

Get help

If you believe you have been harassed by any debt collector, you should contact an attorney for specific legal advice on your problem. If you are elderly, or have low income, please call Legal Aid of Western Missouri for further information or advice.

Not worried

Way to go Michelle, your so proud you have a job, lets just rub it in the face of all those who don't. Just don't ride around too high, for when you fall it will be hard. I am absolulely appalled that in this day and age a grown adult would be overjoyed at the misfortunes of so many. I can see why you work for the type of company you do, an attitude like that won't get you far any where else. You sound like a child who is bragging to another nah nah nah boo boo I have something you want. Grow up and remember Karma is a b***h.

plan for a rainy day and do not expect to have what everyone else has. That is the best way to stay financially aflot in these times. good or bad economy it is a good rule of thumb

Good advice, not always easy to follow, if you are fincially sound to plan for worst case senerio good for you. Most people even with excellent planning can not plan for everything. Example I know a family member that lost their job, got divorced & then was in the hospital extremely sick for 2 weeks, in that order. Granted that is an extreme case, but how do you plan for something like that. You can't. Some people have been laid off for almost a year because they are looking but are "over qualified" for the positions they apply for. In this day and age with the way things are going, you can not make open generalized statements, they just don't work.

As a tax payer who is single and has managed to put her son thru 4 years of college I am glad that there are ways to collect money from people. Why should I have to pay for your mistakes as well as my own bills?

As for this statement, I hope if anything ever happens to where you are in the same situation as the other people are here, you remember this & don't complain when collection agents start calling you. Not that I would wish that on anyone. But once again you never know what could happen & a generalized statement like the above can turn around & bite you.

sweetgirl,

If you go on their website, they do not have a attny in every state they have offices in 11 states, MA, KY, GA, TX, NY, IL, MD, CA, AZ, MI, FL.

Kate,

You sound like you have a pole up somewhere. You are quick to judge & comment, is your life perfect? If so you're the only one. Though not in debt I struggle everyday to have the finances to pay bills & enjoy life. For 1/3 of the country that is laid off or otherwise not working it is not so easy. You need to back off & quite accusing people of being deadbeats for not paying bills. For some people it maybe down to do I eat or do I bill my bills? I think the choice in that case is obvious. Life throws curveballs that you can not plan for no matter how much you think you are prepared. Most people would not like to be in the situation they are in but that is what was handed to them. As you said those who live in glass houses. So unless you have never made a mistake in your life, you have no need to make such comments. Some day forbid, you may find yourself in a similar situation & so may I. Pray that day never come but you never know. If it does I hope you remember how quick your were to judge others & that you do not post looking for sympathy.

And you call yourself a nice collector, I'd hate to see a mean one. It amazes me how much joy you get out of others misfortunes & rub the fact that you have a good paying job in the face of the 1/3 of the nation that is unemployed. Must be nice to be so high & mighty. Remember though, Karma is a [***] & one day you may find yourself in the same situtation as those you call. If that day should come, I hope you remember how you treated those who were hurting & don't go looking for sympathy. I usually wouldn't wish for anything bad to happen to anyone, however your attitude is so sickening I hope your company ends off having layoffs & you are one of the fist to go. You obviously need a large dose of reality. Also will report to the BBB for harassment & threaten animal abuse, even joking about killing an animal to the public is against the law.

this Collection Agency is implicated in HUGE lawsuit/investigation by the NY Attorney General for using a process server company that GUARANTEED NO SHOWS to court because they never served the summons as required by law.


NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION

http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf

37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt

Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims

New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo’s ongoing investigation into unlawful debt collection practices.

According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo’s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.

Today’s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP’s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP’s affidavit, that proper legal service was made.

“Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,” said Attorney General Cuomo. “ALP’s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today’s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.”

ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in “sewer service,” where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.

The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP’s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.

To rectify ALP’s widespread fraud on New York’s courts and consumers, today’s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York’s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today’s lawsuit asks the court to order the law firms and debt collectors to:

  * Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
  * Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
  * Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.

Additionally, where a default judgment is ultimately vacated, today’s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General’s Office estimates that the average default judgment totaled approximately $5, 474.

Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: “Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.”

The law firms and debt collectors named in today’s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O’Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.

Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.

This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.


Zwicker & Associates, P.C.
80 Minuteman Road
Andover, MA 01810
Phone: 978-686-2255   800-370-2251
Fax: 978-686-3538

2300 Litton Lane
Hebron, KY 41048
800-555-6694

Paul W. Zwicker, Esquire, President

John Twite, Sr. VP Operations
Robert W. Thuotte, Sr. VP, General Counsel
Micheal Koziol VP, Collection Operations

Web Address: www.zwickerpc.com

--------------------------------------------------------------------------------

Bud Says                         Consumer Comments Below



Attorneys involved in debt collection for accounts such as AMEX and others. Their collectors have been known to threaten lawsuits if monies are not paid immediately, are very aggressive, fast talking, somewhat obnoxious in delivering their collection scripts.



CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email  the details w/your location.  Assistance and referral to a consumer legal specialist may be available

File complaints with

Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY – use this SPECIAL Link  www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE’S CRACKING DOWN AND SHUTTING THEM DOWN!

Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0

Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

Dealing with Debt Collectors
http://www.budhibbs.com/start.html


Statute of Limitations by State – always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm


Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.

What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
   use threats of violence or harm;
   publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
   use obscene or profane language; or
   repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
   falsely claim that they are attorneys or government representatives;
   falsely claim that you have committed a crime;
   falsely represent that they operate or work for a credit reporting company;
   misrepresent the amount you owe;
   indicate that papers they send you are legal forms if they aren’t; or
   indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:
   you will be arrested if you don’t pay your debt;
   they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
   legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:
   give false credit information about you to anyone, including a credit reporting company;
   send you anything that looks like an official document from a court or government agency if it isn’t; or
   use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
   try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
   deposit a post-dated check early;
   take or threaten to take your property unless it can be done legally; or
   contact you by postcard.

Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
   Social Security Benefits
   Supplemental Security Income (SSI) Benefits
   Veterans’ Benefits
   Civil Service and Federal Retirement and Disability Benefits
   Service Members’ Pay
   Military Annuities and Survivors’ Benefits
   Student Assistance
   Railroad Retirement Benefits
   Merchant Seamen Wages
   Longshoremen’s and Harbor Workers’ Death and Disability Benefits
   Foreign Service Retirement and Disability Benefits
   Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
   Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

this Collection Agency is implicated in HUGE lawsuit/investigation by the NY Attorney General for using a process server company that GUARANTEED NO SHOWS to court because they never served the summons as required by law.


NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION

http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf

37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt

Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims

New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo’s ongoing investigation into unlawful debt collection practices.

According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo’s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.

Today’s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP’s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP’s affidavit, that proper legal service was made.

“Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,” said Attorney General Cuomo. “ALP’s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today’s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.”

ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in “sewer service,” where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.

The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP’s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.

To rectify ALP’s widespread fraud on New York’s courts and consumers, today’s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York’s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today’s lawsuit asks the court to order the law firms and debt collectors to:

  * Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
  * Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
  * Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.

Additionally, where a default judgment is ultimately vacated, today’s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General’s Office estimates that the average default judgment totaled approximately $5, 474.

Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: “Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.”

The law firms and debt collectors named in today’s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O’Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.

Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.

This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.


Zwicker & Associates, P.C.
80 Minuteman Road
Andover, MA 01810
Phone: 978-686-2255   800-370-2251
Fax: 978-686-3538

2300 Litton Lane
Hebron, KY 41048
800-555-6694

Paul W. Zwicker, Esquire, President

John Twite, Sr. VP Operations
Robert W. Thuotte, Sr. VP, General Counsel
Micheal Koziol VP, Collection Operations

Web Address: www.zwickerpc.com

--------------------------------------------------------------------------------

Bud Says                         Consumer Comments Below



Attorneys involved in debt collection for accounts such as AMEX and others. Their collectors have been known to threaten lawsuits if monies are not paid immediately, are very aggressive, fast talking, somewhat obnoxious in delivering their collection scripts.



CAUTION: I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email  the details w/your location.  Assistance and referral to a consumer legal specialist may be available

File complaints with

Federal Trade Commission  https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en

Your State Attorney General
State Attorney General is every state they have offices

Link to all State Attorney General Websites www.naag.org

If you or they are located in NY – use this SPECIAL Link  www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.  HE’S CRACKING DOWN AND SHUTTING THEM DOWN!

Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html  If the company is listed under agencies – report there. If not on the list YET, click on Watchlist! and add to the list.   You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0

Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!

Dealing with Debt Collectors
http://www.budhibbs.com/start.html


Statute of Limitations by State – always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm


Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm


From Federal Trade Commission Website – FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.

What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn’t cover debts you incurred to run a business.

Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they’re told (orally or in writing) that you’re not allowed to get calls there.

How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter – even if you don’t think you owe the debt, can’t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don’t want the collector to contact you again, tell the collector – in writing – to stop contacting you. Here’s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a “return receipt” so you’ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.

Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don’t have an attorney, a collector may contact other people – but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

What does the debt collector have to tell me about the debt?
Every collector must send you a written “validation notice” telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don’t think you owe the money.

Can a debt collector keep contacting me if I don’t think I owe any money?
If you send the debt collector a letter stating that you don’t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
   use threats of violence or harm;
   publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
   use obscene or profane language; or
   repeatedly use the phone to annoy someone.

False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
   falsely claim that they are attorneys or government representatives;
   falsely claim that you have committed a crime;
   falsely represent that they operate or work for a credit reporting company;
   misrepresent the amount you owe;
   indicate that papers they send you are legal forms if they aren’t; or
   indicate that papers they send to you aren’t legal forms if they are.

Debt collectors also are prohibited from saying that:
   you will be arrested if you don’t pay your debt;
   they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
   legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.

Debt collectors may not:
   give false credit information about you to anyone, including a credit reporting company;
   send you anything that looks like an official document from a court or government agency if it isn’t; or
   use a false company name.

Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
   try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt – or your state law – allows the charge;
   deposit a post-dated check early;
   take or threaten to take your property unless it can be done legally; or
   contact you by postcard.

Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank account or my wages?
If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don’t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.

Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
   Social Security Benefits
   Supplemental Security Income (SSI) Benefits
   Veterans’ Benefits
   Civil Service and Federal Retirement and Disability Benefits
   Service Members’ Pay
   Military Annuities and Survivors’ Benefits
   Student Assistance
   Railroad Retirement Benefits
   Merchant Seamen Wages
   Longshoremen’s and Harbor Workers’ Death and Disability Benefits
   Foreign Service Retirement and Disability Benefits
   Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
   Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.

Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.

What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.

Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s law.

For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government’s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

Please click this link, this explains what TARP is used for & guess what, there is no mention of collection agencies or the IRS coming after you. It was relief for banks not a scare tactic for collection agencies. Just goes what the uneducated will try to do.

http://en.wikipedia.org/wiki/Troubled_Asset_Relief_Program

So, I owe a lot of $$ to Amex - $40K.  I am in sales, and was doing quite well until the market fell out.  My paycheck has been cut in half.  I was unable to make the monthly payments of approx. $900/month.  Amex did not want to talk to me because my account was still current.  So, I missed two payments and was sent to Amex Collections.  Mel Smith was my agent, and was pretty nice.  Within the second call she agreed to accept $28,000.  I said I don't have that, and would do what I can.  401K hardship loan was only $2500 max.  She suggested home equity loan, which I applied for and got $21,000 - made a settlement offer for $21,500.  They never called me back - my last call was to her to let her know the loan had closed, and the $$ was in my account.  I then left 3 messages over two weeks - no call backs.  Then, out of the blue I get a call from Z&A saying that Amex has retained them, and that they want $41K.  I said what happened to the $28K, and he (Brad Davis) said that now I need to talk to them - if I call Amex, they will refer me back to Z&A.  I am confused - Amex never told me that my offer was rejected - Z&A did?!

Just received a call asking for an employee.  I was advised the call was being recorded.  I advised that the person she called for worked in the field, and asked if this call was personal or business related.  Caller said "business".  After caller gave me her name, company name, and telephone number to call, I advised her that I knew that this call was not of our business nature.  (I had read about Zwicker on this page previously.) She recounted with it was personal business.

Such agencies should be fined for their unprofessionalism.  Hit them in the pocketbook!

This number called, did not leave a vm, so I looked up this number here & see all the complaints. I wonder should I get an attorney to protect me but decide to call back first because I have no idea why I'm being called. Called & left a voicemail for someone on 9/23/09 asking for a detailed message on why they are calling. Guess what no return call. They talk tough but don't follow up & break the law by not even leaving a message as to why they are calling.

Zwicker and Associates Collection Agency. This guy was disbarred report them to the AG http://www.mass.gov/?pageID=cagotopic&L=2&L0= ... ection&sid=Cago

Zwicker and Associates are SCUM!!!!!!!! LOSERS!!!!!!!!!!!!!

Zwicker and Associates sends me the same form letter every other month. They also call me at work but I can't pay them I have no money. When I get some money I'm filing Chapter 13. This is all my fault, I admit it but I don't want anyone being abusive or nasty to me because of it. Anyway, after reading alot of these I'll never answer my phone to anyone I don't recognize. I thank God I'v never had to work for a debt collection agency I wouldn't be any good at it. Not even for $100,000. a year.

Yay if they keep doing it file harasment against them. My son is 15 yrs old and says yal bicer more than a cupple of hens. I mean instead of argueing and bicering why don't yall just work together on finding resolutions for your problems. The lawferm shouldn't act like but to everyone, but on the other hand we have no idea what kind of a day each of them had a person can just take so much crap  before they blow up on the next person the call. Instaed of ignoring the harrasing calls and causing more tension answer the phone explain your situation pleed for simpathy and hope they'll work with you to solve this problem, if and only if after showing your kindness to them and asking for they're help they still act like snobs and refuse to work with you, then and only then do you have the right to bicer. Plaes dont complement on my spelling i know its atroshus, i hate it when eople have to coment on spelling and say something negative about it. It means that they have nothing beter to say to diffend their arguement they just have to complain about something, and make a negative statement.

Just received a call from this number...they said they were "desperately" trying to connect with one of my neighbors.  He ignored my "what is this regarding" question and when I said I couldn't help, he said snidely "you've been a big help".

first off i would like to say i just started at zwicker and ass. i had no idea what it would involve. you people must understand it is the creditor that wants the money not us. they hired our firm to collect the debt. why should you get things for free. i understand the hard times believe me and have been behind but at least i know it is my responsibility to pay the debt. trust me it is a job a hard job. we know times are hard but our creditors want their money as they deserve. i have found that zwicker really does try to work with the debtors and of course there are a few employees who take advantage of that but for the most part we are there to do what we were hired to do and make a living to feed our family. so give us a break and pay your bills