Consumer complaint received 2024-08-26
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ZWICKER & ASSOCIATES (NJ)

**To Whom It May Concern, ** I am writing to formally address several serious and distressing issues regarding the handling of my debt collection case by your firm, Zwicker and Associates . Despite your representation of a creditor, it is my legal right to request and receive specific documentation to properly defend myself. Your firms actions, characterized by evidence withholding and obstruction, have created significant distress and reflect a pattern of unfair treatment. 

XXXX XXXX XXXX  **1. Withholding Evidence** Your firm has failed to provide critical documentation necessary for me to defend myself. This withholding of evidence is not only obstructive but has legal consequences as demonstrated in several cases : **A. Original Loan or Credit Agreement** - **Request Details** : I have requested a complete and unaltered copy of the original loan or credit agreement. This document is essential for verifying the terms and legality of the debt.

- **Legal Basis** : Under the Fair Debt Collection Practices Act ( FDCPA ), debt collectors must provide proof of the debt upon request. Your failure to do so is a violation of this law. 

**Case Law** : - **XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ** : In this case, the court ruled against a creditor for failing to provide requested documentation, resulting in dismissal of the collection action. The court emphasized that refusal to provide evidence undermines the creditors claim and infringes upon the debtors rights. 

**B. Assignment or Transfer Documents** - **Request Details** : I have sought detailed records showing the assignment or transfer of the debt. This documentation is crucial to confirm that your firm legally holds the debt. 
- **Legal Basis** : The Uniform Commercial Code ( UCC ) requires proof of debt ownership. Without this, your claim remains unsubstantiated. 

**Case Law** : - *XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX ** : The court found that the plaintiffs failure to provide assignment documents resulted in the dismissal of the debt claim. The court held that lack of evidence of debt ownership invalidates the creditors claim. 

**C. Chain of Custody** - **Request Details** : I have requested a chain-of-custody record showing the history of the debt. This documentation ensures there are no gaps in debt ownership. 
- **Legal Basis** : Proper documentation of debt ownership is required for legal and procedural integrity. 

**Case Law** : - **XXXX XXXX XXXX XXXXXXXX, XXXX ( XXXX ) ** : The court ruled that failure to provide a chain-of-custody record led to dismissal of the case. The court found that without this evidence, the debt collectors claim was invalid. 

**D. Verification of Default** - **Request Details** : I have asked for default notices and a payment history. This information is necessary to verify the default and ensure payments were applied correctly. 
- **Legal Basis** : Accurate records of default notices and payment history are required to substantiate any claim of default. 

**Case Law** : - **XXXX XXXX XXXXXXXX XXXX XXXX ( XXXX ) ** : The court ruled in favor of the defendant when the plaintiff failed to provide proof of default and payment history. The lack of evidence led to dismissal of the collection action. 

XXXX XXXX XXXX **2. Accommodation Requests** I have submitted accommodation requests due to XXXX, which have been mishandled by your firm : **A. Proof of Submission** - **Request Details** : I need confirmation that my accommodation requests were submitted, including certified mail receipts or electronic confirmations. 
- **Legal Basis** : Under the Americans with Disabilities Act ( ADA ) , I am entitled to reasonable accommodations. 

**Case Law** : - *XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ** : The court ruled that failure to process accommodation requests properly constituted a violation of the XXXX, resulting in a judgment for the plaintiff. 

**B. Formal Acknowledgment** - **Request Details** : I request formal acknowledgment from the court confirming receipt and processing of my accommodation requests. 
- **Legal Basis** : The court has a duty to accommodate and ensure requests are properly considered. 

**C. Addressing Claims of Non-Receipt** - **Request Details** : If Zwicker and Associates claims not to have received my documents, I need confirmation of receipt.

- **Legal Basis** : Proper acknowledgment of documents is essential for fairness in legal proceedings. 

XXXX XXXX XXXX **3. Delayed Reporting of Disputed Credit** In XXXX, I disputed the credit claim, and it was your firms responsibility to report this dispute promptly. The delay of over forty days is illegal : - **Legal Basis** : Under the Fair Credit Reporting Act ( FCRA ), debt collectors must promptly report disputes and update credit information. 

**Case Law** : - **XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX ( XXXX ) ** : The court found that failure to promptly update disputed credit information violated the FCRA, leading to penalties against the creditor. 

XXXX XXXX XXXX **4. Harassment and Unfair Practices** Zwicker and Associates behavior mirrors past instances of harassment : **A. Case Examples** 1. **XXXX XXXX. Zwicker & Associates , P.C . ( XXXXXXXX ) ** : Zwicker was found guilty of harassment for repeatedly threatening legal action without proper documentation. The court held that such actions violated the FDCPA. 

XXXX. **XXXX XXXXXXXX Zwicker & Associates XXXX XXXX XXXX ( XXXX ) ** : Zwicker was held liable for continuing collection efforts on a disputed debt without resolving the dispute, constituting harassment. 

XXXX. *XXXX XXXX Zwicker & Associates XXXX XXXX XXXX ( XXXX ) ** : The court found Zwickers failure to provide debt verification and handle disputes fairly to be harassing and unfair, leading to a judgment against them. 

**B. Application to My Case** The pattern of harassment and unfair treatment by Zwicker and Associates in these cases is evident in how my case has been handled. Your firms actions reflect a troubling disregard for legal obligations and fairness, causing significant distress and undermining my ability to defend myself. 

XXXX XXXX XXXX **6. Conclusion** Zwicker and Associates must immediately provide the requested documentation, address my accommodation needs, and rectify the delays in reporting disputed credit information. Your continued withholding of evidence, failure to acknowledge accommodation requests, and overall handling of my case reflect a pattern of bullying and harassment. I expect prompt and comprehensive action to resolve these issues and ensure that my case is managed with the fairness and respect mandated by law. 

Sincerely,