Consumer complaint received 2021-06-25
Company: ZWICKER & ASSOCIATES
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
My Claim Letter Against XXXX and Zwicker In XXXX I incurred a health emergency that left me unable to work until the fall of XXXX, albeit part-time was all I could find. 

When I first became ill, I had no idea that it would not be weeks to heal but months to even regain my strength. Instead, I had to use my savings and credit cards to help me with necessities and eventually had to go on food stamps and other forms of government assistance to get by. 

This financial hardship lasted longer than I expected, and there came a time when I overdraft my bank account over and over again. I was broke. Then, Hurricane Florence hit, and I was displaced. Because of the kindness of a neighbor, I did not become homeless and was safe. However, I still didn't have any money coming in for another month. Thus, I still couldn't pay my bills. 

With the exception of XXXX, companies and people went out of their way to work with me. They allowed me to rebuild my life until I could pay them back as I promised -- as soon as I got back on my feet and could take care of myself again. 

However, XXXX ended up " selling '' my debt to Zwicker and Associates, P.C. after XXXX had charged it off. Before I knew that, I had reached out to XXXX multiple times in the past, explaining my dire situation. Yet, every time, they asked me to pay at least three to four-figure amounts, which I did have. 

By the Fall of XXXX, I had all of my debt paid except XXXX. Even though the amount was charged off, I wanted to make it right and try to settle for less by making a lump sum of XXXX ( that took me months to save ) and then pay about another XXXX in payments. I didn't expect to settle an XXXX debt for XXXX ; it was just where I could start. 

Although, when I called XXXX to make arrangements, they told me that I would have to deal with XXXX. So, I called them, explained the situation. They asked me if i could pay them XXXX to settle ... ( sigh ) They accepted my lump sum of XXXX and then payments of {$200.00} for five months. The person I spoke to, " XXXX, '' told when my debt was below XXXX, they would consider making a settlement with me. I expected that I would be contacted in XXXX with an offer or a letter to call them -- that is what I understood. I am on a " Do Not Call List ''. However, I welcomed them to contact me via email or D.M. They sent me monthly notices, so the company knew they could contact me by sending me a letter. 

However, instead of sending me an offer, they served me a summons on XX/XX/XXXX. I called the company to get clarity. I was hoping to speak with the attorney who filed the claim. However, " XXXX '' picked up the phone and proceeded to " strong-arm '' me with words such as, " You've missed your last two payments. '' Even after I told her that I did not. I paid what was agreed to and would like a new offer. She was aggressive when trying to get me to make a payment. 

But, my main focus was trying to find out why they chose to serve me rather than send me a simple letter. Moreover, I didn't have any information that if I made a payment, they would not sue me. Hence, I didn't feel comfortable making a payment of any kind. I wanted to talk to a lawyer to know my rights in this situation. 

As I was trying to hang up because I wasn't being heard, someone named " XXXX '' interjected himself, abruptly, into the conversation. In seconds, he told me they were starting papers to sue me. I said, " You already did. I got the summons tonight, which is why I called. '' I told him I would call back tomorrow after I had more information and checked my budget to see what I could pay because I don't get paid much during the summer. 

I am a XXXX XXXX XXXX teacher, and I work at a small private school. I don't get benefits, paid for holidays, nor any breaks. I am teaching XXXX XXXX, but I am not working any more than 15 a week. Yet, my bills are all the same, and my rent will increase in XXXX. 

I am still trying to rebuild my life from my hardship, which began in XXXX and lasted until late XXXX. I am a single XXXXyear-old woman, and I have no XXXX but me to rely on. I have no family or friends who can help me with money. It's just me. Because of what happened to me, I have no savings or retirement. I am scared every day that I'd be ruined again if I have another emergency, as I did in XXXX. 

I am not expecting to get the XXXX or so all written off, albeit that'd be a miracle. I know the amount has already been charged off and taken as a loss by the company. In some ways, the tax law allows them to benefit from these losses. So, I don't understand why they can't settle 30 % to 40 % of what I owe, allowing me to make the payments, which I know I can make.

Company response to consumer: Closed with explanation