Consumer complaint received 2017-04-17
Company: ZWICKER & ASSOCIATES
State: IL
Product: Debt collection
Sub-product: Credit card
Issue: Taking/threatening an illegal action
Sub-issue: Attempted to/Collected exempt funds

Complaint:
My name is XXXX involved in a debt suit with XXXX XXXX handled by Zwicker and Associates, PC. I do n't deny the debt exists as it was/is in my name. The charges that put it into it 's current state stemmed from my spouse while we, and are, separated and in the process of divorce. However, I have been able to work out arrangements with another creditor and my student loans without incident or going to court. There are debtor rights and I believe mine are being violated by Zwicker and Associates, PC. 

On Thursday, XX/XX/XXXX, I received notice that I am due in court to disclose assets and income. As well, I will have the right to declare exemptions to that income. That is set for XX/XX/XXXX. Part of the notice says in bold caps, " THE JUDGEMENT DEBTOR HAS THE RIGHT TO ASSERT STATUTORY EXEMPTIONS AGAINST CERTAIN INCOME OR ASSETS OF THE JUDGEMENT DEBTOR WHICH MAY NOT BE USED TO SATISFY THE JUDGEMENT IN THE AMOUNT STATED ABOVE : '' On Friday, XX/XX/XXXX a garnishment and freeze was put on my bank account without having had the hearing that will occur on XX/XX/XXXX. I received no notification of this garnishment, and on top of that, there was a {$100.00} fee associated with it from my bank. My account now sits at {$0.00}. 

I have been in the midst of separation and divorce for some time and have not lived with my spouse or XXXX for a year and a half. However, I still pay for their domicile, all their utilities, and maintenance support even though we are not officially divorced. She is on XXXX and has been since the XX/XX/XXXX 's due to having a XXXX. The money I use to pay for these things should be exempt as it will be seen as alimony and child support, but I have n't even had the chance to make that case. 

I called Zwicker & Associates to explained this situation. They said I needed to forward them the bills I pay and why I think those funds are exempt. I did so because I need to regain access to my account as soon as possible to pay their current set of bills, as well as ensure that my next paycheck gets deposited so I can continue doing so ; as well, start to budget what I can afford to pay XXXX XXXX. I sent them a number of bills and accounts with varying pieces of personal information they should n't have the right to have just so I can regain access to the account I never should have lost. My separated spouse 's HIPAA rights are also in jeopardy as I 've had to disclose some of her health information so that the law firm understands the severity and implications of freezing the account without notice. Again, the hearing is XX/XX/XXXX. 

How is it that my account can be frozen and garnished before I even have the hearing to establish what my assets and income are? I was not even notified that my account was in jeopardy. I only found out because I had my son for the day and I was trying to buy him lunch, only to have my debit card denied. 

I do not and have not lived with my separated spouse or my XXXX and if she has to use any of her XXXX income to pay for these items, her health will be at risk as she wo n't have money to pay for her own medications and living accommodations, including travel for doctor visits. This is a major priority. I still have not heard about the status of my account after two phone calls and two e-mails. I can not wait until XX/XX/XXXX to have access to that account. I live paycheck to paycheck as it stands. I do n't even have access to get gas to go to work. This is worsening the problem of me being able to pay them at all. I am trying to be a responsible parent, ex-spouse, and debtor, but Zwicker and Associates is making the problem worse for myself, my XXXX and his mom, and ultimately, them. I have a XXXX in XXXX and had good credit up until this point. Please help me to find solutions to this dilemma and help end this dishonest practice

Company response to consumer: Closed with non-monetary relief