Contacted By The Collection Law-Firm of Zarzaur & Schwartz In Alabama — What Should You Do?
You are here because you have received a letter, or a debt collection lawsuit, from the debt collection lawfirm of Zarzaur & Schwartz in Birmingham, Alabama, which files lawsuits for original creditors (Citibank, etc) and debt buyers (Cavalry, LVNV Funding, Midland Funding, Unifund Partners, etc).
Let’s talk first about some myths and then some practical steps that you should take.
First Myth — Zarzaur & Schwartz Cannot Sue Me
Wrong. Zarzaur & Schwartz is a real lawfirm in Birmingham, Alabama.
It files a tremendous number of lawsuits in Alabama — probably the most or second most that any lawfirm files in Alabama. Most days it is filing 30-100 lawsuits. A day.
Yes there are some bogus places that claim to be lawfirms and really are not.
However, Zarzaur & Schwartz is not one of those places.
If you get a letter from Zarzaur, a lawsuit is very likely to be coming if you don’t resolve the case with them.
That may or may not be a bad thing as if you win your lawsuit, good consequences come to you but you should make decisions with your eyes wide open and understand Zarzaur does file lawsuits.
Second Myth — Zarzaur & Schwartz Claims To Have Bought The Debt
Some collection lawfirms have debt buying companies that the lawfirm partners own.
To my knowledge Zarzaur does not do this.
There is sometimes confusion because the lawsuit is filed in the name of the “Plaintiff” –whether this is Citibank or Midland Funding, etc. but it is filed by the lawfirm.
This is how all lawsuits work — the plaintiff is different from the lawfirm filing the case.
So don’t be misled by false information on the internet — just because a lawfirm like Zarzaur sues you does not mean that it claims to own the debt.
I have never seen the firm claim this — instead the firm is hired by the plaintiff to sue you.
Third Myth — Zarzaur Won’t Show Up To Trial
I want to make sure and be particularly clear about this point.
We have to separate out the lawyers showing up and the plaintiff (the one who sued you) showing up.
It is very common for debt buyers to not send a single witness to trial.
As you can imagine, this makes it very hard for debt buyers such as Midland or LVNV Funding to prove that it owns the debt it has sued you on.
But the lawyers will show up.
They don’t skip going to court.
There are some collection lawyers who are so arrogant that they decide they don’t have to show up when the judge tells them to show up but this is not true of Zarzaur.
So expect them to show up.
Now they may show up “empty handed” with no witness and this may give you a wonderful opportunity to win your case but they will show up.
OK, so what should you do if you get a letter or a lawsuit from Zarzaur?
Practical Step One — Take A Letter From Zarzaur Seriously
Understand that you are almost certainly at the final stage before being sued.
Zarzaur normally sends out at least one letter telling you that you may be sued.
This is to give you a warning and to try to persuade you to reach out to the firm to settle so the firm does not have to file suit.
You may decide to settle the case.
Or, you may decide to fight the case.
There is no inherently right or wrong answer but make sure you make a wise decision based upon knowledge not speculation.
Practical Step Two — Take A Lawsuit From Zarzaur Seriously
If you receive a lawsuit where Zarzaur is the collection firm (or any lawyer is the collection lawyer) you must take this very seriously.
You are in danger of having a judgment against you which can have terrible consequences.
You must decide whether to fight the case or settle the case and whether to do this on your own or with a lawyer.
If you want more information about lawsuits by reading this series of articles on debt collection lawsuits.
Respond so you can avoid a default judgment.
Practical Step Three — Find Out Your Rights And Then Take Action!
Ultimately here is the best advice we can give you when you get a letter or especially a lawsuit from Zarzaur:
- Find out your legal rights and options; AND
- Take the appropriate action.
We often tell our clients that knowledge is potentially powerful but “Knowledge without action is worthless so take action!”
You want to mix knowledge plus action — now you have real power.
If you don’t know your rights — you are doomed to failure.
If you do know your rights but do nothing — take no action — then you are also doomed to failure.
Normally there are very good outcomes that can come out of a collection lawsuit but only to those who know their rights and take immediate action.
If you live in Alabama, give us a call at 205-879-2447.
You can also fill out our contact form and we will get in touch with you as soon as possible.
We can also send you our books and other resources on what to do when sued.
Just let us know you would like this.
Thanks for reading, and have a great day!