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CREDITWRENCH-TheTruth

This blog is dedicated to illustrating the depths of depravity to debt collectors and their cronies who infest various message boards spewing their spam, insults and filth can and do sink. They will stop at nothing to berate others while trying to elevate their own perceived worth.

Saturday, February 05, 2005

Creditwrench, the FDCPA, and the law Part IV

Uncle Normie evading the issues



Uncle Normie is still evading the real issue which is that it makes no difference whether one sues the debt collector or not, the debt is still owed. The creditor can still either hire a new debt collector or sell the debt to another company. Following the misleading advice of this skid road wannabe lawyer is not only dumb but is dangerous as well. It will lead you to nothing but grief. Watch below as he bravely attempts to skirt the real issue again. He falsely claims that getting attorney fees is mandatory but the Supreme Court of the United States and many other courts have ruled otherwise.

In a discussion yesterday with CREDITWRENCH CEO Bill Bauer he again stated his position that in litigating a FDCPA case, it was best to proceed pro se. His reasoning? To save the cost of attorney fees.

I again pointed out to CREDITWRENCH CEO Bill Bauer, that in a successful FDCPA action, the plantiff's attorney fees have to be paid by the collector/collection agency; it's mandatory.

What the Enormis fool fails to understand is that most attorneys have no interest in taking FDCPA cases at all. In fact, the number who will is infinestimally small. And even if one does find an attorney to take the case the person seeking the assistance of legal counsel will need to know and understand the law and the basic concepts of courtroom mechanics and strategy because the attorney probably doesn't. In fact, lots of them have never argued a case in court and wouldn't take one federal on a dare. So anybody foolish enough to follow "Uncle Normie's" advice would be well advised to click on the following image and start learning the way the court system works.

Jurisdictionary logo

For his position against mine, he cited the case of VELASQUEZ v MIDWEST BILLING SERVICES. The problem with his case cite is it was overturned on appeal.

On appeal, the U.S. 7th Circuit Court of Appeals made the following comment:

"This court has held previously that the award of attorney's fees to plaintiffs for a debt collector's violation of "any provision" of the FDCPA is mandatory. The plaintiffs have brought a "successful action" under the FDCPA and thus are entitled to a "reasonable attorney's fee."

As you can plainly read, CREDITWRENCH CEO Bill Bauer's position of your having to pay attorney fees in a successful FDCPA is false and misleading. Not only that, he quotes invalid case law to support his erroneous position. Because, according to him, he does not subscribe to any reporting service that would allow him up-to-date access to the latest court decisions.

His claim that creditwrench does not subscribe to any reporting service is also false since creditwrench uses westlaw.


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