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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default Zwicker And Associates Collection Suit

    Zwicker and Associates Collection Suit
    Hello. I am being sued by Z&W and have to go to a mediation meeting 1/05/07. They have verbally offered a settlement, but I have questions...

    I have to plead guilty to get a settlement? I can not settle out of court?
    Can I have the case dismissed on the condition that I complete settlement?
    How do I file to have discovery of documents relating to the debt.
    They say post judgement they get a 6% interest for 3 months (settlement length)


    I can't afford money for a lawyer ($5000 retainer!)

    any advice.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Zwicker And Associates Collection Suit

    A civil suit is not a criminal case. You don't "plead guilty" in a civil suit. You are free to try to negotiate terms of the settlement, including a dismissal without admission of fault upon payment.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Zwicker And Associates Collection Suit

    Mediation is one-sided, brother. About 95% of the mediation cases I reviewed recently as part of my interest in collections the winner was the agency or their client and not the debtor. They (attorneys and debtors) did not have the same rights to discovery, motions, continuances, etc. Of consumers that showed up in court prepared to dispute their debt there was an average win rate of about 60-70% for the collection agency. Fairfax County is a bit higher. It would surprise you the amount of cases lost to "default judgements". ...but Virginia can serve a summons by posting it on the door at the reasonably known current/last address.

    Likely the $5000 attorney has given you guidance like "just between you and me I would xxx." Follow that guidance.

    Mediation is horrible and was orginally meant to keep messy commercial litigation between business or classes of consumers out of court systems. Moreover it is a cheap ($250 to the mediation firm) to get a rubber stamp in about 6-10 minutes. The only way we can change it is by bugging the snot out of our senators!

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