Thursday, February 03, 2005

CREDITWRENCH, the FDCPA, and the law

CREDITWRENCH CEO Bill Bauer has publicly stated that he "teaches his students how to sue collection agencies and win." Today in a discussion on an FDCPA cause of action he indicated that filing pro se would avoid attorney fees.

For your protection, this is why the Oklahoma Superior Court takes a dim view on the unlicensed practice of law. If he teaches his students to sue on FDCPA violations, but indicates to them that pro se can avoid attorney fees, he has made a grevious error on a matter of law.

In a successful FDCPA suit, the court must award the plaintiff's attorney fees. It is mandatory. This is true even if the court does not award you damages of any kind.

If you believe your rights have been violated by a collection agency, contact an attorney for a free initial consultation. If you have a viable cause of action, the attorney will tell you so. If your action succeeds, the court will order the collection agency to pay your attorney fees. (And, contrary to what CREDITWRENCH CEO Bill Bauer will most likely tell you, the awarding of attorney fees in a successful FDCPA action is not up to the courts discretion.)

As you can see, given the above scenario, it costs you nothing for competent legal counsel. On the other hand, if you use CREDITWRENCH, not only will you be charged for the bad advice, you'll be standing before a judge without legal counsel that you could have had for free.







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