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What To Do If You're Sued By Zarzaur & Schwartz

George Simons | November 22, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary:Respond to a lawsuit from Zarzaur & Schwartz by filing an Answer, verifying the debt, negotiating a settlement, and getting all terms in writing.

Finding yourself on the receiving end of a lawsuit from Zarzaur & Schwartz might feel like starring in a legal drama you never auditioned for. But don't worry—this article won't leave you hanging like a cliffhanger episode. Instead, it offers a roadmap to navigate the legal maze.

Whether you're facing a lawsuit from Zarzaur & Schwartz or simply preparing for the possibility, keep reading to learn more about the Zarzaur & Schwartz law firm, who they collect for, how to answer a summons and complaint, and how to negotiate settlement with them.

Buckle up and get ready to transform a potentially overwhelming experience into a clear path forward.

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Who is Zarzaur & Schwartz?

Zarzaur & Schwartz is a debt collection law firm based in Birmingham, Alabama. They represent creditors and debt purchasers in collecting unpaid debts, such as credit card balances, loans, or medical bills. Like other collection law firms, their role is to collect debts on behalf of their clients through letters, calls, and, when necessary, lawsuits.

Who does Zarzaur & Schwartz collect for?

Zarzaur and Schwartz collects for many creditors, debt buyers, and banks including (but not limited to):

  • Citibank
  • Credit Corp Solutions Inc
  • Midland Credit Management
  • LVNV Funding

Zarzaur & Schwartz serves a diverse clientele, and while it primarily focuses on creditors and debt purchasers, its clients range from major financial institutions to smaller, specialized lenders who seek to recover outstanding debts, such as medical service providers, including hospitals and clinics, utility companies, property management companies, etc.

By catering to such a wide array of industries, Zarzaur & Schwartz demonstrates its versatility and expertise in debt collection, making it a trusted partner for businesses seeking to recover outstanding debts efficiently and effectively.

When banks or debt buyers can't collect debts on their own, they may hire Zarzaur & Schwartz to get some help. So, if Zarzaur & Schwartz PC contacts you about an outstanding debt, don't ignore them.

If you're sued by Zarzaur & Schwartz, follow these four steps

If Zarzaur & Schwartz PC is suing you, follow these four steps to settle the case and protect your rights.

1. Respond to the Zarzaur & Schwartz lawsuit

Before you do anything else, be sure to file a written Answer with the court, and send a copy to Zarzaur & Schwartz. You have to do this before your state's deadline, or you run the risk of a default judgment and subsequent wage garnishment.

Here are some steps you can take to draft and file your Answer:

  • Carefully review the Complaint and Summons. Understand the claims against you.
  • Create a written Answer that is properly formatted and contains all the case information, including the court location, your name, the plaintiff's name, the case number, etc. You can use SoloSuit's Answer form to help you with this, or contact your local court clerk to see if they have a statewide form you can fill out.
  • Respond to each claim that is listed in the Complaint. You can deny, deny due to lack of knowledge, or admit. In most cases, it's smart to deny the majority of the claims, otherwise the court will automatically rule in favor of whoever is suing you.
  • Include your affirmative defenses. These are legal reasons you shouldn't be held liable for the debt. For example, if the debt is past the statute of limitations in your state, you should include this information in your Answer.
  • Sign the Answer.
  • Print out three copies of the Answer. File the one with your original signature with the court, send a copy to Zarzaur & Schwartz, and keep a copy for yourself.

For more tips on drafting and filing your Answer, check out this blog post on how to answer a summons in any state.

Once you've filed your Answer, gather and organize all relevant documents and evidence that support your defense. This includes contracts, receipts, correspondence, and any other documentation related to the dispute. You may only need this information if you have a court date, and hopefully you can settle the debt outside of court, but having a well-documented case strengthens your position and aids your attorney in building a robust defense.

By following these steps, you establish a strong foundation for responding to the lawsuit, setting the stage for effective negotiation or litigation as necessary.

2. Reach out to Zarzaur & Schwartz to negotiate the debt down

Contacting Zarzaur & Schwartz directly can be a strategic move when aiming to reduce your debt. Here are some tips on how to negotiate with Zarzaur & Schwartz debt collectors to settle your debt for less.

  1. Start by gathering all relevant documentation related to your debt, including any correspondence and financial statements. This preparation demonstrates your seriousness and helps you present a clear picture of your financial situation. When you initiate the conversation, express your willingness to settle the debt and propose a reasonable amount you can afford. Be honest about your financial constraints, as transparency can foster goodwill and make the firm more amenable to negotiation.
  2. Be honest about your financial situation. Highlight any extenuating circumstances that have impacted your ability to pay, such as medical emergencies, job loss, health issues, or other pending debts. These details can be persuasive in convincing Zarzaur & Schwartz to accept a lower settlement. During discussions, remain calm and professional, focusing on finding a mutually beneficial solution. If possible, offer a lump-sum payment, as creditors often prefer immediate payment over prolonged installments.
  3. Keep track of all communications, noting key points and any verbal agreements. This record will be invaluable if discrepancies arise later. If negotiations stall, consider enlisting a debt settlement professional to advocate on your behalf. Their expertise can sometimes unlock better terms, ensuring you achieve the most favorable outcome possible.

Use SoloSettle to start settlement negotiations online and avoid going to court.

For exclusive tips on how to settle with collectors like Zarzaur & Schwartz, watch the following video.

3. Get the settlement agreement in writing

A debt settlement agreement, often referred to as a consent judgment, serves as a legally binding record of the terms agreed upon when settling a debt. It ensures clarity and prevents any misunderstandings that might arise later.

A settlement agreement outlines the specific amount to be paid, the payment schedule, and any other conditions agreed upon during negotiations. When dealing law firms like Zarzaur & Schwartz, it's important to get your settlement terms in writing to provide a clear framework for both you and your creditor to follow.

Without a written agreement, there is a risk of disputes over the terms, which could lead to further legal complications. A consent judgment, being a formalized document, is enforceable in court. It offers protection to both you and your creditor. It acts as a safeguard, ensuring that once the terms are fulfilled, you are released from further obligations related to that specific debt.

To obtain this agreement in writing, ask Zarzaur & Schwartz to send you the settlement agreement document and file it in court. Request that all terms discussed verbally be included in the written agreement. Review the document thoroughly before signing, and ensure that it accurately reflects the terms you discussed. If possible, seek legal advice to verify that the agreement is fair and comprehensive.

SoloSettle helps you manage the debt settlement documentation.

So, in summary, follow these steps to get your agreement in writing:

  • Ask Zarzaur & Schwartz to send the settlement agreement to you.
  • Read the agreement carefully, looking for errors or any parts that you don't understand. Ask for clarification if needed.
  • After reviewing the document, sign it and send it back to Zarzaur & Schwartz PC.
  • Follow up with Zarzaur & Schwartz about filing the settlement agreement into the court case.

A written settlement agreement not only provides peace of mind but also serves as a powerful tool in managing and resolving debt effectively. It transforms verbal negotiations into a concrete plan, reducing the likelihood of future conflicts and ensuring a smoother resolution process.

4. Make your payments on time

Be sure to make all your payments on time. Zarzaur and Schwartz will explain how you can make the payments, whether it's through their online portal, direct deposit, or via checks in the mail.

Missing a payment can trigger severe consequences, such as the reinstatement of the original debt amount, including interest and fees, which can quickly escalate your financial burden. Creditors may also pursue further legal action, leading to wage garnishments or liens on your property.

Consistent payments shows your reliability and can improve your credit score over time, which is often damaged by legal proceedings. This reliability can also foster goodwill with your creditor, potentially opening doors for future negotiations or more favorable terms. Additionally, sticking to the agreed schedule ensures that the consent judgment remains enforceable, protecting you from unexpected claims. By adhering to the payment plan, you not only honor the legal agreement but also take a significant step towards financial recovery and stability.

If, for whatever reason, you are unable to make your monthly payment on time, contact Zarzaur and Schwartz or your creditor to explain why. They may give you a grace period and some time to work things out so you can avoid defaulting on the agreed payment plan. Remember, communication is key.

If you use SoloSettle to settle your debt, you can make payments via the SoloSettle platform, keeping your personal financial information protected and private.

The Fair Debt Collection Practices Act protects debtors from aggressive collection tactics

Most Zarzaur & Schwartz debt collectors are complaint with the FDCPA, but that doesn’t mean that all collectors will play fairly. Luckily, the Fair Debt Collection Practices Act sets guidelines for debt collection companies and how their collectors should behave when they contact you. Some of the rules they have to follow include:

  • A Zarzaur & Schwartz debt collector is not allowed to contact you before 8 am or after 9 pm.
  • A Zarzaur & Schwartz debt collector may not use vulgar words when they call you.
  • A Zarzaur & Schwartz debt collector is not allowed to threaten you with a lawsuit or any legal action; and
  • A Zarzaur & Schwartz debt collector may not contact you at work.

Protect your rights when debt collectors sue

If you were served with a debt collection lawsuit filed by Zarzaur & Schwartz, do not throw your hands up in despair. There are ways to defend yourself and potentially prevail in court. Never ignore the debt collection lawsuit because that would effectively guarantee a win for the debt collector and allow them to obtain a Default Judgment against you.

Instead, you should respond with an official Answer to the lawsuit. Here are some ideas to remember when writing your Answer to the lawsuit:

  • Do not concede you owe the debts they allege. This is vital because Zarzaur & Schwartz have to prove that you owe these debts. Don’t do their work for them. The more you make them work, the more likely they will give up.
  • File an answer to the lawsuit to the clerk of court on time. This is normally 20 or 30 days after you get the complaint in the mail.
  • Mail a copy of the answer that has been stamped by your clerk of court to Zarzaur & Schwartz.

Make the right affirmative defenses with SoloSuit.

These affirmative defenses can help in a debt collection case

When you respond to the Zarzaur & Schwartz lawsuit, you can point out problems with their action. As we noted earlier, the debt collector must show that you owe the debt. This means Zarzaur & Schwartz has to prove these things to make you legally responsible for the debt:

  1. There is a legal basis for the debt collector suing you.
  2. You are the one who owes the alleged debts.
  3. You owe the amount stated by Zarzaur & Schwartz in the lawsuit.

If Zarzaur & Schwartz does not prove the above, you could prevail in Court and could sometimes get the lawsuit dismissed.

Depending on the case, you might say that Zarzaur & Schwartz failed to file the suit within the state’s statute of limitations. The statute of limitations sets a deadline for when a person can sue you. The company must file a lawsuit against you before the statute of limitations lapses or they have no case.

If the case indicates that Zarzaur & Schwartz sued you for a debt when the statute of limitations ran out, you could have the lawsuit dismissed with prejudice.

There is more you can do to beat Zarzaur & Schwartz in the debt collection lawsuit game. Consider filing a counterclaim if you think Zarzaur & Schwartz violated the FDCPA. If one of their debt collectors called you late at night, you can argue they should compensate you and pay your legal bills.

Respond to debt collectors with SoloSuit and win in court.

Actions you should take if you’re sued by Zarzaur & Schwartz

Below is a quick rundown of things to do if you are sued by Zarzaur & Schwartz:

  • Respond to the lawsuit. Submit a written Answer to the court before your state’s deadline (typically 20–30 days). Address every claim in the lawsuit, denying or disputing any inaccuracies. Include affirmative defenses, such as expired statute of limitations or lack of evidence linking you to the debt.
  • Negotiate a settlement. Proactively reach out to the firm to propose a reasonable settlement amount or payment plan based on your financial situation. Consider starting with a lower offer to leave room for negotiation.
  • Get the settlement agreement in writing. Ensure that all settlement terms are documented in a legally binding agreement, including the payment amount, schedule, and confirmation that no further legal action will be taken.
  • Make payments on time. Stick to the agreed terms to avoid reinstating the debt or further legal action. Communicate promptly with Zarzaur & Schwartz if unforeseen circumstances impact your ability to pay.
  • Document all interactions with Zarzaur & Schwartz PC. Keep detailed records of all communication, including phone calls, emails, and letters, in case you need evidence for your case or a potential counterclaim.

By taking these steps, you can navigate a lawsuit from Zarzaur & Schwartz effectively and work toward a resolution.

Read Zarzaur & Schwartz PC reviews online

To learn more about how the law firm operates, read Zarzaur & Schwartz PC reviews. Visit the firm’s Better Business Bureau profile, read comments from real consumers on the Consumer Financial Protection Bureau’s complaint database, or check out Zarzaur & Schwartz reviews on Google.

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