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Frederick William Schwinn

Debt collection Attorney at San Jose, CA

4.8   23 reviews

also known as Fred W. Schwinn

  • State Years
    California - CA 21 years
    Kansas - KS 26 years
  • Licensed for 21 years
    State CA
    Acquired 2003
    Status
    Active No misconduct found
  • Licensed for 26 years
    State KS
    Acquired 1997
    Status
    Suspended No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Frederick

Learn Frederick’s areas of practice.

5
Practice areas
  1. Debt collection
    50%
    We defend consumers who have been sued by debt collectors in collection cases. We also sue debt collectors and their attorneys for abusive collection practices and harassment on behalf of our consumer clients.

    27 years, 1,000 cases

  2. Appeals
    10%
    I have appealed cases to the Ninth and Tenth Circuit Courts of Appeal and the Courts of Appeal in both California and Kansas state courts.

    25 years, 30 cases

  3. Bankruptcy and debt
    10%
    Since 1997 I have proudly assisted consumers who are seeking relief under the United States Bankruptcy Code.

    27 years, 1,400 cases

  4. Debt and lending agreements
    10%
    I have successfully brought cases for consumers against Mortgage lenders, mortgage brokers, banks, credit unions and automobile dealers for violations of the Truth in Lending Act and the California Rees-Levering Automobile Sales and Finance Act.

    25 years, 50 cases

  5. Identity theft
    10%

    27 years, 50 cases

  6. Consumer protection
    9%

    27 years, 100 cases

  7. Debt settlement
    1%
    Debt settlement is generally not beneficial for most debtors. However, I very rare circumstances debt settlement can make sense.

    27 years, 10 cases

I am a licensed attorney admitted to practice in the States of California and Kansas (inactive).  I am the shareholder and owner of the Consumer Law Center, Inc.  My practice is dedicated exclusively to representing consumer debtors in bankruptcy, stopping predatory and abusive consumer lending practices,  and protecting consumers from illegal debt collection activity.

In 1997, I graduated from Washburn University School of Law in Topeka, Kansas where I organized and volunteered at the law school's Volunteer Income Tax Assistance site.  While other law students were training in the law school's legal clinic, I began my legal career in the trenches by filing my own lawsuit against an internet service provider and a credit card company for repeatedly charging my credit card for internet services that I never received.  I opened my law practice directly out of law school and I have been enjoying private plaintiff's practice ever since.

In 1994, I graduated magna cum laude from Washburn University in Topeka, Kansas with a Bachelor of Business Administration in Accounting.  I passed the Uniform Certified Public Accountants Examination in 1995 and I currently hold a Kansas Certificate as a Certified Public Accountant.  Before going to college, I worked as a Machinist in a machine shop and as a Maintenance Mechanic in a book bindery.

 

I regularly volunteer at the Pro Bono Project in San Jose, California and Community Legal Services in East Palo Alto, California where I conduct more than two dozen consumer seminars on bankruptcy and debt collection defense each year.  I maintain an ongoing pro-bono legal services commitment in the area of consumer and debtor rights.

In addition to being admitted to practice in California and Kansas state and federal courts, I am also admitted in the Supreme Court of the United States and the 9th and 10th Circuit Court of Appeals.  I was born in Ottawa, Kansas in 1966.  I currently live in San Jose, California.

Location

Consumer Law Center, Inc.
38 West Santa Clara Street
San Jose, CA, 95113

Debt Collection lawyers nearby

Reviews

4.8 / 5.0
  23 customer reviews
5 Star
 
96%
4 Star
 
0%
3 Star
 
0%
2 Star
 
0%
1 Star
 
4%
Posted by Mira R. | May 29, 2022
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Easily Solving the Problem
Fred was great! He helped me resolve the issue with western dental. Western dental refused to return my money after canceling the job they promised to do. For several months I called western dental, asking them for refund. I finally ran into Fred, who easily solved the problem. Soon after I got full refund! Thank you Fred!
Posted by John | October 19, 2021
This review is from a person who hired this attorney.
| Hired Attorney
FRED SCHWINN IS YOUR GUY PERIOD!
Received a judgement for a credit card l defaulted on over 10 years ago, they were going to take 25% of my wages by garnishing my paychecks. Over the years I avoided the paperwork and didn’t have the money to pay it off. Looking all over the internet for a local consumer attorney to guide me through this situation. While l was reading reviews l came across Mr. Fred Schwinn and just go in my car and drove over to his office. Upon my arrival Fred met me at the entrance and right away took me back to his office and looked up my case. Fred instructed me to go pick up some paperwork for him downtown, with paperwork in hand the next morning I was back in Fred’s office, sat down and discussed a few things with Fred and he, of course, just happened to know the collection agency that garnished my wages. Fred solved my situation in a matter of minutes! We reached an agreement and it was over right then and there. I’m sure it all depends on the situation but the minute l met Fred l said to myself this is my guy. Big Thank You To Mr. Fred Schwinn And The Consumer Law Center John G
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Posted by Tim | August 20, 2021
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Fred Schwinn is the best! He's one of the good guys!
I consulted Fred Schwinn regarding a debt-buyer's action to reopen an out-of-state vacated and dismissed case. As a result of Fred's professional knowledge and experience, Fred informed me of the exact document I needed for my defense. I obtained this critical document and it was sent to the debt-buyer's attorney. Due to this supporting evidence, my case was again vacated and dismissed in court. I am forever grateful...Fred Schwinn is the very best consumer law attorney!
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Posted by anonymous | March 8, 2021
This review is from a potential client who consulted with this attorney.
| Consulted Attorney
Excellent Service
Excellent service. I phoned for a consultation and spoke to a live person who was extremely informative. He helped me way pros and cons and even referred me to someone in my local area who could assist me.
Posted by Yuri | August 28, 2018
This review is from a person who hired this attorney.
| Hired Attorney
Compassionate, intelligent, BEST lawyer ever!
I was being sued by Midland Funding, LLC., a huge debt collecting firm. I was losing sleep over this to say the least! Until I called the offices of Mr. Schwinn, which was one of the best decisions I've made in my life. Fred Schwinn walked me through the different options in handling the lawsuit and with his guidance I decided to file a cross complaint. Mr. Shwinn and his team were very professional and diligent with my case. He always answered all my questions, and kept me updated throughout. Of course he won my case, but I was amazed at how he made everything happen so smoothly. So much so, that I would forget I was dealing with a big debt collecting agency and a real lawsuit at times. Fred Schwinn is just the best. I would recommend him to anyone and everyone!
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Posted by anonymous | January 12, 2016
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Lawyer
Attorney Frederick Schwinn is an excellent lawyer. He got my case settle in about a month. I was sue by a debt collector and try to settle, but Fred asked me "Why settle".? He said "We will fight the case" and sure we did and he got the debt collector to drop the case within a month. Highly recommended "
Posted by Michael | September 9, 2015
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Debt Lawyers!
The Consumer Law Group is a small firm of straight shooting legal minds. They have a narrow scope of practice with dealings in debt related matters. However, they know their stuff and more than that, they are honest. That is difficult to find in this day and age. Most attorneys will take your money and then leave you to fend for yourself. They took my case, for a reasonable fee and then won it against a very hostile law firm in Los Angeles. I chose them because I researched the case laws behind my issue and they kept showing up as the law firm that was not only winning cases, but setting the legal precedents that I was dealing with. This firm has rare characteristics and if you have a debt matter, they are likely the best firm you could find.
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Posted by Deb A. | August 28, 2015
This review is from a person who hired this attorney.
| Hired Attorney
Excellent Representation
Consumer Law Center, Fred Schwinn is excellent in consumer law protection. Before finding Fred Schwinn, 5 other law firms gave advise ranging from "just settle", "send a check in the mail", "your case is complicated" and totally false statements such as "don't worry about the 30 days, you can respond anytime". However, Consumer Law Center explained the urgency and basis for representation, was very professional and answered our many questions. Best of all, his knowledgeable defense won with a dismissal in a 20 year case. Don't hesitate to put your trust in Consumer Law Center. I would continue to hire him if ever needed in the future!. Excellent work.
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Posted by anonymous | June 12, 2013
Excellent Lawyer,The very best!!
I highly recommend Fred Schwinn .He is an expert in his field .His staff were very helpful and knowledgeable.They were very up front with us about every detail .My case was dismissed and I do not think this would have been the case if we had not hired Fred to help us.
Posted by Alicia | February 22, 2013
Debit Collection & summons advice
The Consumer Law Centre, Inc are a friendly Law firm, very helpful and listen to you concerns and gives the best advice on how to resolve the situation. Their staff are friendly helpful and so polite, I would highly recommend this firm to anyone who needs legal advice on Debit collections or bankruptcy. We had a review of our case by Raeon Roulston who was a great example of a professional attorney knowledgeable, responsive and so helpful. Thank you! If you need help and need a firm you can trust and know what they are doing, these are the firm!
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Posted by anonymous | January 25, 2013
Thanks to Fred, case was dismissed!
I am by far pleased with the work Fred and his team has done with my case against a junk debt buyer trying to sue me on an old debt. I was always informed by the paralegal, and was always able to call in for any updates on my case. I recommend him to any one I know seeking help defending themselves against a lawsuit against creditors. I was relieved to have the help I needed this time.
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Posted by Ryan | November 20, 2012
Excellent service, both in terms of legal rigor and compassion for the client!
When we were served Fred took a look at our case and presented us with the facts. Understanding the gravity of the situation and the implications for our family, he sensitively outlined the best, middle and worst case scenarios. As time progressed, he kept in touch with us, updating us on the progress of our case. He was meticulous in his research as he had mentioned that our case was not entirely unique and was eventually able to find a case that had established a precedent related to our issue. He has served us beyond our satisfaction, especially given that this was the first time we had to contact a lawyer for anything like this before.
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Posted by Ray | August 6, 2012
Very competent, very effective, also patient and responsive
The order and final decree closing my Chapter 13 bankruptcy case was signed on May 24, 2012. Fred Schwinn, his associates, and his staff competently shepherded me through my Chapter 13 bankruptcy from the assembling of the required information to the closing of my case. I became acquainted with Fred when I attended a seminar on bankruptcy that he gave. I was favorably impressed by the thoroughness of his presentation and by the clarity of his explanations and of his answers to questions. Also, he was patient and respectful in his behavior toward those who had come to the seminar. I thought that he would treat his clients in the same manner. Before my petition for bankruptcy was granted, I regularly received phone calls from collection agencies. Some of them were unpleasant; some were threatening in tone and were clearly meant to intimidate me. They certainly succeeded in troubling me. As my lawyer, Fred responded to these calls and dealt with the agencies, to my great relief. I recall that in the first year of my plan, I received a notice from the trustee for my case about my payments. As the notice did not include an explanation of why it had been sent, I became worried. I sent a copy of the notice to Fred who assured me that letter was only a formality. He explained that the trustee regularly sent out such notices to inform those whose cases he was overseeing of the current status of their payments. If you are thinking of filing for bankruptcy, I don’t think you can find better legal representation than that provided by Fred Schwinn and the staff of the San Jose Consumer Law Center. I am completely satisfied with their representation of me. Raymond [removed by Avvo staff] August 6, 2012
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Posted by anonymous | December 1, 2011
If you have people suing you over consumer debt this is the Man!
He did excellent work for my brother. Before my brother contacted Fred he had hired some know nothing attorneys who knew nothing about consumer debt and the Fair Debt Collection Practices Act but pretended they could help him. If you have consumer debt, don't hire a personal injury attorney just like you would not hire a orthopedist if you have cancer. It's good to see Fred is still doing the "Lords work" helping out consumers!
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Posted by Shelly | October 31, 2011
This guy is awesome!
My 87 year old mom was being harassed by bullying bill collectors. Mr. Schwinn was professional, knowledgeable, respectful and attentive. He stopped the bullies while allowing my mom to maintain her dignity during a difficult financial time. He was truly awesome!
Posted by Debbie D | September 20, 2011
I Highly Recommend Attorney Frederick Schwinn
I was sued by a collection company/lawyer for a credit card debt. If I thought all the collection calls and letters prior to that already stressed me out, it was the end of the world when I was served. I had no legal understanding of the issue at all, did not know what to do at that point and was just plain scared. It was during that very difficult time that I found Attorney Fred Schwinn. He was extremely fast in getting back to me and very professional. He asked me questions, let me know my rights, explained to me what I could do and was able to offer a payment plan for someone in financial trouble like me to get started. My case was recently dismissed without prejudice. Thank God for Attorney Fred Schwinn!!! I highly recommend him to anyone who is looking for an excellent, dedicated, honest and kind attorney to help them in credit card debt issue.
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Posted by anonymous | September 15, 2011
Consumer Law Center
I had a lawsuit against me for a debt collection on a credit card. I had tried to work with this individual bank but they outsourced their collections dept. to India and they were rude & abusive over the phone. Needless to say, they then decided to sue me for $6,000. I worked with Mr. Schwinn & staff and they got the case against me dropped. They were easy to deal with & were honest & upfront about all details of the case. This team really delivered with great results. I would highly recommend this agency. Heather was also great & very helpful.
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Posted by Mary | September 14, 2011
Professional, kind hearted, caring lawyer
So much to say about Atty Fred. He is a very smart, caring and most of all kind hearted lawyer. From someone that worked with other lawyers, I CAN HONESTLY say ( and not to mention relieved ) that Atty Fred is overall different. He really cares and will fight for you. It is not about money but about doing the right thing and fighting for it. I am so lucky to have him representing me. Even his team are wonderful. They know what your needs are and support you whole heartedly. I will recommend him in a heartbeat. Thanks Atty Fred for everything!!!
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Posted by Mary H. S. Graesser | September 13, 2011
Fantastic Lawyer Best I have ever worked with
I have to state this firm did the best job I have ever seen. They are fantastic to work with. They kept me informed. Filled me in on everything. Explained things I did not know about. They worked on several case's for me and handled them effectively. I have reccommended to serval other people as well. If I ever need any thing I will defently come back to them. They Won both my case's they (one dropped it the other we cross filed. They Know what they are doing and will do their very best for you too.
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Posted by Paula | September 8, 2011
Sharpest attorney in San Jose
Fred Schwinn is very intelligent and offers excellent representation. He has represented me in more than one matter and has obtained amazing results, getting one case dismissed in very short order. He knows how to strategize to obtain the best possible results for the client.
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Cost

Rates
  • Free Consultation 60 minutes
  • Pro bono 20 %
Payment methods
Cash, Check, Credit Card

Resume

AVVO RATING 10.0 (Superb)

Work Experience

  • Attorney
  • Consumer Law Center, Inc.
  • 2004 - Present
  • Attorney
  • Consumer Law Center, P.A.
  • 1997 - 2004

Education

  • Washburn University School of Law
  • JD - Juris Doctor
  • 1997
  • Washburn University
  • BBA
  • 1994

Sample of Legal Cases

  • Meza v. Portfolio Recovery Assocs., LLC, 6 Cal. 5th 844, 243 Cal. Rptr. 3d 569, 434 P.3d 564 (2019)
  • Certified Question Answered
  • Target National Bank v. Rocha
  • Code Civil Procedure § 98 Declarants must be available for personal service of a Subpoena
  • Johnson v. CFS II, Inc.
  • Treble Damages Awarded Pursuant to California Civil Code § 3345
View all legal cases

Associations

  • State Bar of California
  • Member
  • 2004 - Present
  • Public Justice
  • Member
  • 2004 - Present
  • National Association of Consumer Bankruptcy Attorneys
  • Member
  • 1999 - Present
  • National Association of Consumer Advocates
  • Member
  • 1999 - Present
View all associations

Languages Spoken

  • English

Honors and Awards

  • AV Preeminent
  • Martindale-Hubbell®
  • 2022
  • AV Preeminent
  • Martindale-Hubbell®
  • 2021
  • AV Preeminent
  • Martindale-Hubbell®
  • 2020
  • AV Preeminent
  • Martindale-Hubbell®
  • 2019
  • AV Preeminent
  • Martindale-Hubbell®
  • 2018
  • AV Preeminent
  • Martindale-Hubbell®
  • 2017
  • AV Preeminent
  • Martindale-Hubbell®
  • 2016
  • AV Preeminent
  • Martindale-Hubbell®
  • 2015
  • AV Preeminent
  • Martindale-Hubbell®
  • 2014
  • Attorney of the Year
  • Community Legal Services in East Palo Alto (CLSEPA)
  • 2013
  • AV Rating in Debtor and Creditor Law
  • Martindale-Hubbell®
  • 2013
  • Outstanding Volunteer Attorney
  • VSLP - The San Francisco Bar Association
  • 2012
  • Outstanding Volunteer Attorney
  • VSLP - The San Francisco Bar Association
  • 2011
  • Certificate of Recognition
  • Pro Bono Project of Silicon Valley
  • 2010
View all awards

Speaking Engagements

  • Pro Bono Project of Silicon Valley - Attorney Training Series
  • "The Basics" - Bankruptcy Law
  • 2010
View all speaking engagements

Attorney endorsements

Received (24)
Given (17)
Endorse Frederick
Bankruptcy and debt Attorney | Jan 20
Relationship: Worked together on matter
"Fred is an outstanding attorney. A one of kind lawyer who understands what it takes to protect consumer debts. He has a mastery over the matters he represents his clients interest and is willing to go full tilt on behalf of his clients"
Litigation Attorney | Sep 25
Relationship: Fellow lawyer in community
"Fred Schwinn is a leader in his zealous representation of clients. I heartily endorse him for his thoughtful and honest advocacy on behalf of consumers."
Unknown Attorney | Nov 04
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Consumer protection Attorney | Oct 19
Relationship: Worked together on matter
"I've had the pleasure of working with Fred on a few cases and the benefit of getting his help on many others. Fred is extremely knowledgeable, a true expert in his field, and passionate about helping consumers."
Consumer protection Attorney | Mar 28
Relationship: Fellow lawyer in community
"Few attorneys have done as much as Fred Schwinn to advance consumer rights in California against an out of control debt collection industry. I heartily endorse him."
Unknown Attorney | Dec 11
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Debt collection Attorney | Oct 24
Relationship: Fellow lawyer in community
"Fred Schwinn is an expert in the field of consumer rights law and a zealous advocate for his clients. I recommend his firm for routine debt collection defense as well as litigation of complex cases."
Debt collection Attorney | Jul 22
Relationship: Fellow lawyer in community
"I have known Fred Schwinn for over a decade through a national consumer rights organization. Mr. Schwinn is thorough and aggressively represents his consumer clients. I highly recommend Mr. Schwinn to bay area consumers who need to sue a debt collector, defend against a collection lawsuit, or file bankruptcy. The range of services Mr. Schwinn provides helps assure that his clients are provided a solution which is appropriate to their needs."
Bankruptcy and debt Attorney | Mar 16
Relationship: Fellow lawyer in community
"I endorse this lawyer. I know him to be tenacious and to vigorously fight for his clients. His work is in a challenging area of the law: defending debt collection lawsuits in Northern California counties."
Bankruptcy and debt Attorney | Jan 20
Relationship: Worked together on matter
"Fred knows consumer law and how to defend consumers and how to pursue those who violate the FDCPA, etc. Fred is also smart, compassionate, organized, hard-working, and kind."
Debt collection Attorney | Nov 07
Relationship: Fellow lawyer in community
"If you're looking for a smart, thoughtful, dedicated consumer rights attorney, Fred is the guy for you. Fred works in the same area as I do, and because of that I know who is good and who isn't. Fred does an outstanding job for his clients and all consumers, and I wholeheartedly recommend him if you're looking for an outstanding consumer rights attorney."
Debt collection Attorney | Apr 22
Relationship: Fellow lawyer in community
"This man is a consumer's best friend. A very good credit card/collection defense attorney."
Debt collection Attorney | Mar 19
Relationship: Worked together on matter
"I endorse this lawyer. He is the most knowledgeable Consumer Defense lawyer I have ever met. Anyone who has Mr. Scwinn as their lawyer is very fortunate."
Debt collection Attorney | Dec 24
Relationship: Fellow lawyer in community
"I endorse this lawyer. Fred is a talented lawyer who has obtained tremendous results in debt settlement cases."
Bankruptcy and debt Attorney | Oct 26
Relationship: Fellow lawyer in community
"If you're trapped in debt, being harassed by creditors, or being taken advantage of by lenders or collection agencies, Fred is the man to have in your corner. He's a tireless advocate who gets results."
Bankruptcy and debt Attorney | Sep 26
Relationship: Fellow lawyer in community
"Fred Schwinn is a great asset to the legal community and a great mentor for young lawyers entering into the profession. His commitment to pro bono work is outstanding. He has provided countless hours of legal services to the clients at Community Legal Services in East Palo Alto, and by doing so, he has made our community stronger."
Bankruptcy and debt Attorney | Sep 24
Relationship: Fellow lawyer in community
"f you need a lawyer to fight for your rights against banks and creditors, Fred Schwinn is absolutely the best. He is one of the most knowledgeable lawyers I know and totally committed to protecting his clients. He is a fearless litigator, a teacher to other lawyers like myself, and scrupulously honest. I couldn't recommend anyone more highly than Fred."
Debt settlement Attorney | Sep 24
Relationship: Worked together on matter
"Attorney Fred Schwinn is extremely knowledgeable and professional, and gets great results for his clients."
Debt settlement Attorney | Aug 12
Relationship: Fellow lawyer in community
"Fred is the go to guy in the Silicon Valley for your consumer protection issues. He's not only sharp by tireless in his efforts to get results for you. It's not unusual for Fred to have to go after other attorneys to get results, so, he needs to be on top of his game and he is. You cannot go wrong hiring this attorney."
Bankruptcy and debt Attorney | Dec 21
Relationship: Worked for lawyer
"A tireless and meticulous advocate for consumers. A bulldog with a heart of gold. If you have consumer financial issues of any kind, Fred will see to it that justice is done."
View more endorsements
Debt collection
Debt collection
Debt collection
Landlord or tenant
Debt collection
Debt collection
Bankruptcy and debt
Debt collection
Bankruptcy and debt
Debt collection
Debt collection
Intellectual property
Bankruptcy and debt
Debt collection
Bankruptcy and debt
Debt collection