Consumer complaint received 2025-05-16 00:00:00
Product: Debt collection — Other debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ZWICKER & ASSOCIATES
State: ID

Complaint narrative:
On XX/XX/XXXX and XX/XX/XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX, entered into an agreement with XXXX XXXX XXXX XXXX for a business Line of Credit. Upon executing the documents, they were reviewed, at no time did it ever show on any of the documents displayed online that there was a Personal Guarantee, in relation to this account. XXXX XXXX XXXX XXXX XXXX, XXXX, then dissolved in XXXX and XXXX XXXX XXXX was informed of this dissolution, due to insolvency. On XX/XX/XXXX, Zwicker & Associates filed a lawsuit in XXXX XXXX XXXX XXXX in relation to this account. On XX/XX/XXXX, a response was filed, wherein information was provided attesting to this fact, that there was never any personal guarantee prior to signing, and as well, that this debt had been rolled into a compound settlement on XX/XX/XXXX. This compound settlement has since been cancelled with XXXX XXXX, due to the deceptive practices employed to get XXXX XXXX to agree to them. To this point, Zwicker & Associates, did not provide the necessary notice as stated in XXXX XXXX XXXX terms and conditions, nor did they provide an opportunity to settle this matter, prior to initiating a lawsuit, as required by XXXX XXXX XXXX terms and conditions. 

The responding party if correct, that this is a commercial debt, however they are holding me personally responsible, which was not disclosed in their original paperwork. They do not have a signature on file for me agreeing to personal guarantee. They have effected my personal credit, through and by XXXX XXXX, I am being sued in a personal capacity, by and through your firm, so you have breached the corporate veil, and are holding me personally liable for corporate debts owed, therefore your company has transformed this from a commercial debt to a consumer debt, which now applies the FCRA. 

According to the terms and conditions of the paperwork that Zwicker & Associates sent to me, the appropriate notice of legal action according to Section 28 of the Agreement, which includes a provision for sending an appropriate " Claim Notice '', this claim notice binds both XXXX XXXX as well as Zwicker & Associates, and specifically states, " [ b ] efore beginning a lawsuit, mediation, or arbitration, you and we agree to send a written notice ( a claim notice ) to each party against whom a claim is asserted, in order to provide an opportunity to resolve the claim informally or through mediation. '' Zwicker & Associates did NOT provide this notice, in fact the first time that I ( XXXX XXXX ) was informed of this suit was when I was served the original summons & complaint. I was not given the opportunity by Zwicker & Associates to informally resolve this complaint, which has also been properly brought up in the Response to Complaint, specifically, where I, the defendant denied Paragraph 11, to wit, " [ d ] efendant, XXXX XXXX, has not received any other communication from ZWICKER & ASSOCIATES, XXXX. regarding any debt that had been lodged with their office. '' Stating again, that the first time that we had any interaction with Zwicker & Associates was after the filing of the lawsuit, and not prior to the filing, so I ( XXXX XXXX ) was not given any opportunity of an informal resolution process, as outlined in the contract submitted by Zwicker & Associates. Additionally, I received no Claim Notice from XXXX XXXX XXXX Bank, stating that this was being sent to Zwicker & Associates, and have never received a " Claim Notice '' from XXXX XXXX either, as shown by the exhibits submitted by Zwicker & Associates, which has all of the monthly statements listed as Exhibit B in the pending suit, but does not show, or has not shown any debt collection notices sent out, nor do they show any attempt to collect this, prior to the filing of the lawsuit, so this suit should be null and void, because they did not follow the appropriate procedure outlined in their own contract.

Company response to consumer: Closed with explanation