5 Steps to Handling a Lawsuit by Zwicker & Associates, PC

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If you have been sued by the law firm Zwicker & Associates, PC, you are not alone. Zwicker & Associates is known for their aggressive collection efforts, including filing lawsuits to recover debts.

Who is Zwicker & Associates in Debt Collection

Zwicker & Associates, PC is one of the largest collection law firms in Florida. Zwicker maintains several offices in Florida, including Jacksonville, FL and Boca Raton, FL. In addition, they maintain several offices in numerous other states. Zwicker & Associates also functions as a collection agency. They represent various financial institutions, including major credit card companies and banks. Paul Zwicker is listed as the firm’s president according to the Florida Department of Corporations. The firm opened in 1991.

Zwicker & Associates is not BBB accredited; however, they are given an “A+” rating by the BBB in spite of 75 complaints in the last 3 years (as of 1/8/2024).

The Consumer Financial Protection Bureau complaint database reflects 684 complaints (as of 1/8/2025 – searching for ‘Zwicker’).

Why have I been sued by Zwicker & Associates Debt Collectors

Zwicker & Associates often represent creditors and debt collectors in collection lawsuits to try to secure payment for their clients, including student loan debt. Their firm focuses on legal collection on consumer debt. In particular, we see them often representing Discover and other big lenders. Therefore, if Zwicker & Associates has sued you, it is most likely that they are representing a creditor who claims you owe them a debt.

Is there a class action lawsuit against Zwicker & Associates

Consumers have sued Zwicker & Associates a number of times for claims of improper collection practices. Collection agencies, including Zwicker & Associates, often use tactics like sending collection letters to pursue debts. A search of the federal court “PACER” system reflects 567 cases in federal court where Zwicker & Associates were listed as a defendant (as of 1/8/2025).

Consumers have sued Zwicker & Associates in class actions. For example, in a 2018 class action filed in New York, the Plaintiff claimed that collection notices sent by Zwicker & Associates were confusing, and violated the Fair Debt Collection Practices Act (FDCPA) because they were unclear as to whether the amount requested included interest and other amounts.

In 2017, the Eleventh Circuit (which supervises Florida federal courts, as well as other states), upheld the dismissal of a class action against Zwicker & Associates. In Leonard v. Zwicker & Associates, the appellate court found that Zwicker had made appropriate disclosures under the FDCPA.

How to beat Zwicker and Associates?

1. Show Up 

First, do not sit on your hands! Debt collection companies, including Zwicker & Associates, often pursue legal actions to recover debts. In Florida, any claims up to $8,000 are in Small Claims, up to $30,000 are in county court, and anything more is in circuit court. In small claims cases, a defendant is required to attend a hearing early on called a “case management conference”; whereas in county court and circuit court, the defendant has 20-days to file a written response from the day the lawsuit papers are served. If a defendant doesn’t appear (in small claims) or they fail to respond (in county court or circuit court), the court will likely enter a default judgment against them. Make sure to respond (or hire someone to do so) so you don’t lose off the bat!

2. Review the claim

Next, review the records from the case.  When a lawsuit is based on the records of another company, it may be that the records are inaccurate.  Review the claim and don’t assume it is correct just because they have written it.  See if the claim and the amount are accurate.

3.  Consider your options

Evaluate the alleged debt from the lawsuit, along with your other debt and your income. Managing collection calls from Zwicker & Associates is crucial to understanding your options. Is there a defense to the claim? Can you realistically afford settlement, or does it make more sense to consider bankruptcy? Here is where you may want to have a free consultation with a debt resolution professional who can help you to objectively review your options.

4.  Negotiate

Assuming bankruptcy is not your best option and depending on the merits of your case, negotiation may be the next best step. Associates at Zwicker & Associates collect debts on behalf of major financial institutions and creditors. If you hire a debt settlement attorney to assist you with the lawsuit, your attorney will negotiate for you. However, if you are determined to go it alone, you are generally better talking to the opposing firm than doing nothing (*this is a generalization; each situation is different). Just keep in mind, they are not looking out for your best interest. They are likely not going to tell you about your defenses to the lawsuit or your protections from collection. Their job is to get you to pay.

5. Any Settlement Agreement Should be in Writing

Finally, if you reach a settlement agreement, even if you are representing yourself, your agreement should be in writing.

Validating the Debt

Verifying the Debt and Ensuring Compliance with Debt Collection Regulations

When dealing with Zwicker & Associates, it’s essential to validate the debt to ensure that the amount they claim you owe is accurate and that they have the legal right to collect it. This process, known as debt validation, involves requesting a debt validation letter from Zwicker & Associates. This letter should include:

• The amount of the debt

• The name of the original creditor

• A detailed breakdown of the charges and fees

• Proof that Zwicker & Associates has the legal right to collect the debt

Carefully review the debt validation letter and compare it against your own records. If you find any discrepancies or inaccuracies, dispute the debt with Zwicker & Associates and request additional documentation to support their claims.

Additionally, ensure that Zwicker & Associates is complying with debt collection regulations, such as the Fair Debt Collection Practices Act (FDCPA). This law prohibits debt collectors from engaging in unfair, deceptive, or abusive practices, including:

• Making false or misleading statements

• Using harassing or threatening language

• Calling you at inconvenient times or places

• Failing to provide clear and accurate information about the debt

If you believe that Zwicker & Associates has violated the FDCPA, you can file a complaint with the Federal Trade Commission (FTC) or your state’s Attorney General’s office.

Consumer Rights

Protecting Yourself from Unfair Debt Collection Practices

As a consumer, you have the right to be treated fairly and respectfully by debt collectors like Zwicker & Associates. Here are some of your rights under the FDCPA:

• The right to be free from harassment and abuse

• The right to receive clear and accurate information about the debt

• The right to dispute the debt and request verification

• The right to request that the debt collector stop contacting you

• The right to sue the debt collector for violating the FDCPA

To protect yourself from unfair debt collection practices, it’s essential to:

• Keep detailed records of all communication with Zwicker & Associates, including dates, times, and the names of the representatives you speak with

• Verify the debt and dispute it if necessary

• Request that Zwicker & Associates stop contacting you if you feel harassed or abused

• File a complaint with the FTC or your state’s Attorney General’s office if you believe that Zwicker & Associates has violated the FDCPA

Statute of Limitations

Understanding the Time Limit for Debt Collection

The statute of limitations is the time limit for debt collection, and it varies by state. In general, the statute of limitations for credit card debt is between 3-6 years, depending on the state. If the statute of limitations has expired, Zwicker & Associates may not be able to sue you to collect the debt.

To determine if the statute of limitations has expired, you’ll need to:

• Check your state’s statute of limitations for credit card debt

• Determine the date when the debt was incurred

• Calculate the time period since the debt was incurred

If the statute of limitations has expired, you can send a letter to Zwicker & Associates stating that the debt is time-barred and requesting that they stop contacting you. However, keep in mind that even if the statute of limitations has expired, Zwicker & Associates may still try to collect the debt through other means, such as sending you collection letters or making phone calls.

Questions on Your Zwicker & Associates Lawsuit?

We offer a complimentary consultation with our experienced attorneys.  We’ll evaluate your case and review your options with you.

Call Now for a Free Case Evaluation Clearwater: (727) 538-4188 | Tampa: (813) 225-3111