Consumer complaint received 2023-02-14
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: ZWICKER & ASSOCIATES (IL)

On XX/XX/XXXX, an attorney representing Zwicker and Associates filed a complaint against me for an unpaid credit card debt. On XX/XX/XXXX we met in court and came to an agreement that I was to make plans for payment in the next 30 days ( when the next court date was scheduled ). Ultimately, a lawsuit was filed against me, though a year went by before any action was taken, before which I had clearly informed the agency that I was unable to pay. A default judgment was reached nonetheless, though, again, nothing was done until about a year later, at which time my bank account was frozen on or around XX/XX/XXXX, though I was not properly informed of the citation hearing, where I could have stated my case. I filed a motion to vacate the default judgment on XX/XX/XXXX due to the improper notice, meeting with the court on XX/XX/XXXX. Given the improper notice, and perhaps in fact because the IRS have a lien on my property, which itself takes priority, the citation, though not the judgment was quashed on that day. The freeze was lifted on or around the XXXX of XXXX, at which time I discussed with one of the attorneys, which I have a recording of ( done with their informed consent ), and they indicated to me that they would not pursue this matter further given the facts of the case. Nearly five months went by without any notice or contact by them, which seemed to be confirmation that the matter would no longer be pursued, again, given the facts of the case. However, on XX/XX/XXXX of this year -- last week -- I was informed that, not only were they trying to collect on the debt, but they had also not received notice from the judge, which is contrary to actual events and logic, as my account could only be unfrozen by the agency, and that would only occur upon the command of a higher authority. This person then gave me the email of the attorney they said was in charge of my case, to whom I sent a letter wanting an explanation. Not long after, I called the agency back to clear up the matter, which I have on record -- again, the conversation being recorded with their expressed permission and awareness of said recording -- and was told by an attorney that there would be a no-contact order put in place, one which would state not contact me by any means, including via phone, email, or traditional mail. However, the next day, I received notice that they were still seeking payment, which I find vexing I wasn't informed of during my conversation with them, since the lawyer, again, on record, cited a note in the file regarding events from last year, which means they obviously keep a log of what is being discussed and sent out. What is even more troubling is that the correspondence that they sent me was in an unmarked envelope, which looked exactly like the spam mail I often receive that is unmarked. The only reason I even thought to open the correspondence this time, though it was unmarked ( save for basic information having nothing to do with an exact address ), was because this agency 's contradictory statements and actions led me to believe they might attempt to surreptitiously or anonymously send me important notice that a general person might otherwise ignore. I have picture evidence of the blank envelope and the letter, both taken together to show that they were connected. Troubled by this, I called the agency again and spoke to an attorney, who then began to question whether the letter actually came from Zwicker and Associates, though more troublingly, indicated to me that, since I owed them money, they could and would send me more correspondence, even though I was told, on record, otherwise. They then began to use vexing double-speak, asking me whether or not I actually wanted them to call me back ( something I said yes to in this singular instance, only because the implication was that the conversation would be one where everyone is on the same page expectations were clear, not wanting further communication with them otherwise ). This entire interaction felt dishonest, contradictory, and volatile, to the point where I now have XXXX regarding the issue since it seems the agency, based upon what I have experienced, seems to change their mind on a whim, and I am now afraid that they will again try to seek to have my assets frozen, which they can not take since the IRS has a claim on it, but that they, back in XXXX, told the bank to freeze until XXXX of this year. Their actions nearly destroyed me financially, and ironically, their actions made it harder for me to make a deal with them to pay, as I had asked them if we could come to some payment agreement when my account was first frozen, which they refused, and a month without any funds ( my career as a XXXX was significantly affected, to the point where my money in the account was the only thing sustaining me ). I spent a month having to borrow money and being unable to even pay my internet bill, which is essential for my work.