We Defend You Against
Zwicker & Associates, P.C.
The Langel Firm defends consumers against state-court collection lawsuits brought by Zwicker & Associates, P.C. We defend against collection lawsuits, and wage garnishments, and bank seizures. In appropriate cases, we may also take action against Zwicker & Associates, P.C. for violations of the Fair Debt Collection Practices Act.
Zwicker's Extra Mailing of Summons and Complaint were not "Proceedings" within a Year Needed for a Default Judgment
Key point: mailing an additional copy of the summons and complaint to the defendants is not considered "proceedings" within the one-year timeframe required for a default judgment under CPLR 3215(c). Initiating actual court proceedings within the specified time period is necessary to avoid dismissal.
In American Express National Bank v. Deltaware Data Solutions Inc. and Jamie Johnson, the plaintiff's default judgment motion was denied as it was untimely under CPLR 3215(c). The motion was denied as the plaintiff had not initiated proceedings for a default judgment within a year of the defendants' default, as required by CPLR 3215(c). The plaintiff argued that they had taken proceedings within the one-year period by mailing an additional copy of the summons and complaint to the defendants, but the court found this argument unpersuasive as it did not ask anything of the court. The plaintiff's efforts to settle the matter were also not considered sufficient cause to ward off dismissal, and thus the action was dismissed. American Express National Bank v. Deltaware Data Solutions Inc., No. 655426/2020, 2023 WL [Insert Westlaw number here] (N.Y. Sup. Ct. Feb. 28, 2023).
Consumer Rights Victory: Zwicker & Associates, P.C. Found in Violation of Fair Debt Collection Practices Act
In Brian Weiss v. Zwicker & Associates, P.C., the plaintiff alleged that the defendant violated the Fair Debt Collection Practices Act (FDCPA) through two debt collection letters. The court granted partial summary judgment in favor of both parties. The plaintiff succeeded in his claim that the first letter violated the FDCPA by not clearly stating the amount of the debt. However, the court ruled in favor of the defendant regarding the second letter, finding no violation in failing to explain the increase in the debt or inform the plaintiff of his right to dispute it. The court awarded the plaintiff $500 in statutory damages.
Key Points for Consumers:
- The FDCPA requires debt collectors to provide clear and accurate information about the amount of debt owed. If a demand letter or notice fails to convey this information clearly and effectively, it may be a violation of the FDCPA.
- The interpretation of debt collection letters is based on the perspective of the "least sophisticated consumer." This standard is used to protect consumers from abusive practices and to shield debt collectors from liability for idiosyncratic interpretations.
- If you believe a debt collector has violated your rights under the FDCPA, consulting with an attorney experienced in consumer law is important. They can help you understand your rights, assess the validity of your claim, and pursue appropriate legal action if necessary.
Case Citation: Brian WEISS v. ZWICKER & ASSOCIATES, P.C., No. 08–CV–3041 (ADS)(WDW). Oct. 21, 2009.
Zwicker & Associates, P.C. Secures Victory for American Express in Account Stated Case
In this case, American Express sought to recover on an account stated against Jack Gabay. The court granted summary judgment in favor of American Express, finding that they had established their entitlement to judgment as a matter of law by presenting evidence of regular account statements sent to Gabay without objection and partial payments made by him.
Key Points for Consumers:
- An account stated is an agreement between parties regarding the correctness of account items and the balance due, which can be implied when a defendant retains bills without objection or makes partial payments on the account.
- To grant summary judgment in a collection case, the plaintiff must establish their entitlement to judgment as a matter of law by providing evidence of regular account statements sent to the defendant, acceptance and retention of those statements without objection, and partial payments made.
- When opposing a motion for summary judgment, it is essential to present specific and detailed evidence that raises a genuine issue of material fact, rather than relying on conclusory statements.
Case Citation: American Express Centurion Bank v. Jack Gabay, April 10, 2012.
Zwicker & Associates Case Dismissed for Failure to Produce
Process Server at Traverse Hearings
Zwicker & Associates affirmed the veracity of false affidavits of service, we argue. The affidavits were those of American Legal Process, the disgraced process serving company that was shut down for its systematic sewer service scandal that resulted a state petition to overturn approximately 100,000 judgments. Rather than honor our clients' sworn affidavits factually rebutting the affidavits, Zwicker dragged our clients to multiple traverse hearings that did not go forward.
We vacated two Discover Bank judgments: one for $10,241 and the other for $9,000. Because of Zwicker's inability to prove proper service, both actions were dismissed. Discover Bank v. Nieves, 52393/07, Queens Civil Court; Discover Bank v. L.N., 02100/08, Queens Civil Court).
Zwicker & Associates Found Liable for Deceptive Collection Letter
The court found as a matter of law Zwicker's collection letter violated the FDCPA because it failed to clearly identify the creditor. The letter also violated the FDCPA because of its confusing language as to whether or not an attorney was "meaningfully involved" in preparing the letter. Sparkman v. Zwicker & Associates, P.C. (Eastern District, New York 2005)
More information to help with a wage garnishment:
- Receive a Notice of Garnishment? Here’s a Summary of New York Law
- How much of my wages can be garnished? Summary of New York Law
- Vacating a Default Judgment in New York: 8 Fine Points
Here is a list of New York City’s Marshals who enforce wage garnishments:
- City Marshal Ronald Moses
- City Marshal Bruce Kemp
- City Marshal Gregg E. Bienstock
- City Marshal Martin Bienstock
- City Marshal Henry Daly
If you need help, call us at (888) 271-7109, or complete this form: