A couple questions

What is the name of your state? FL

I posted a few weeks back - I received a call from Zwicker and associates [url]http://www.zwickerpc.com/[/url] stating they would sue me for a debt to Amex. They called me again 2 days ago as if I never spoke with them... I spoke with them for 45 minutes 3 weeks ago. In any case, I have two questions...

Do they look like a real law firm or a collection agency... I can not tell from their site. Has anyone had any experience with them.

#2... Does the following letter look ok to send?

[url]http://www.zwickerpc.com/[/url]


Certified Mail – Return Receipt Required

6/17/03


Dear whom it may concern:

You recently contacted me on the phone about a debt you believe I owe to American Express. I would like to review the debt in full and my options with my attorney. I wish to speedily resolve this situation and ask for your assistance in doing so.

I ask that you validate this debt for me as I am not sure of its accuracy. Please send to me a copy of any signed contracts and terms which I signed pertaining to this debt. Please also send to me a copy of any transaction history, purchases, payments, interest, fees, etc which have resulted in this debt. Federal law allows me to ask for verification, and I need to be able to read through the verification and proof of the debt before taking action to rectify the situation.

Please also send to me documentation showing that you have been either retained by American Express to collect this debt or that you have purchased this debt from American Express. Either should include a signature from a representative at American Express. I am sure you can understand this request as there are many “bad apples” out there who attempt to collect debts for parties for whom they have no permission.

During our phone conversation, you offered me a settlement. Please send me a copy of the written settlement you would offer. Please include all terms.

I must also ask. If after verification, I were to pay this debt in full, would the item be completely removed from my credit reports or reported as paid as agreed?

Finally, I am writing to inform you that I have moved from Massachusetts and am no longer a resident of Massachusetts. All mailings shall come to my new address as listed above – _______. All contact shall be to this address and no longer via telephone.

In no way does this letter state that I agree to this debt. This letter is simply being sent to explore my options and to help resolve this matter.

I thank you for your timely attention to this matter.

Have a good day.


Sincerely,



Sean _____.

[Ladynred]

I have a couple of comments to your otherwise good letter.

First, you don't want VERIFICATION, you want VALIDATION. Verification only requires that they check your name, address, SSN, etc., it does not require them to do validation. So, change the term to "validation".

Second, don't ASK how they will report it, you TELL them that if they can sufficiently prove the debt with validation, then upon receipt of proper validaion, IF you were to agree to settle you want the collection entry DELETED from your credit reports and you want the account to show as 'paid' or 'paid as agreed'. You can't ASK, they'll say 'no way' or they'll say 'settled' - bad outcome.

You should also say something like 'per Section 809 of the Fair Debt Collections Practices Act, it is my right to ask that you validate this debt" , that adds that you know something about what you're asking for.

Zwicker is most definitely a collection agency, their main practice is debt collection.

Have you looked to see if they're licensed to collect in FL ?? They must be per FL law.