Receiving a summons from Zwicker & Associates, P.C. in Maryland can be a jarring experience. As a major law firm representing some of the nation’s largest banks and lenders, they are highly efficient at pursuing debt collection through the Maryland court system. However, a lawsuit is not an automatic defeat. Understanding the process and your rights is the first step toward a resolution.

Understanding the Lawsuit Process

When Zwicker & Associates files a lawsuit, they are initiating a formal legal request for the court to order you to pay an alleged debt. In Maryland, these cases typically follow a specific timeline:

  1. The Complaint: You will be served with a summons and a complaint detailing how much the creditor claims you owe.

  2. Notice of Intention to Defend: In the Maryland District Court, you must file a “Notice of Intention to Defend” within 15 days of being served (or 60 days if served out of state).

  3. The Trial Date: Unlike some other states, Maryland often sets a trial date immediately. If you do not file your notice or show up to court, the judge may enter an Affidavit Judgment or default judgment against you.

Common Defenses for Maryland Defendants

You have the right to challenge the lawsuit. Several powerful defenses can lead to a dismissal or a significantly reduced settlement:

  • Statute of Limitations: In Maryland, the statute of limitations for most consumer debt (like credit cards and personal loans) is three years from the date of the breach. If the debt is older, the court can dismiss the case—but only if you raise this defense.

  • Lack of Standing: Debt is often sold and resold. The plaintiff must prove they actually own the debt and have the legal right to sue you.

  • Incorrect Debt Amount: Creditors sometimes add unauthorized fees or fail to credit payments you already made.

  • Identity Theft: If the debt does not belong to you, you must provide evidence that the account was opened fraudulently.

Expert Insight: Attorney Ben Akech is highly experienced in handling debt collection cases, having successfully defended many Maryland residents against large firms like Zwicker & Associates. He knows the intricacies of the local court system and works to protect clients from aggressive collection tactics.

What Happens if You Lose?

If a judgment is entered against you, the creditor gains powerful tools to collect the money. Under Maryland law, they can:

  • Garnish Wages: They can take up to 25% of your disposable income.

  • Attach Bank Accounts: They can freeze and seize funds directly from your bank.

  • Place Liens: They can place a lien on your real estate, which prevents you from selling or refinancing without paying the debt.

Helpful Resources

To learn more about your rights and the Maryland legal process, consider visiting these resources: