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Frederick William Schwinn
also known as Fred W. Schwinn
About Frederick
Biography
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.
Practice Areas
7
Practice Areas
Debt Collection
50%
29 years | 1,000 cases
Appeals
10%
27 years | 30 cases
Bankruptcy and Debt
10%
29 years | 1,400 cases
Debt and Lending Agreements
10%
27 years | 50 cases
Fees and Rates
Cost
Pro bono
20 %
Payment Methods
- Cash
- Check
- Credit Card
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Chat withLicenses
Licensed in California for 22 years
State: California
Acquired: 2003
No misconduct found
Licensed in Kansas for 28 years
State: Kansas
Acquired: 1997
No misconduct found
Location
Consumer Law Center, Inc.
38 West Santa Clara Street, San Jose, CA, 95113
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Frederick William Schwinn's Reviews
Avvo Review Score
23 Client Reviews
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Practice Areas
What Clients Mention
Showing 1 - 5 of 7 reviews | Responsiveness
Posted by Yuri | August 29, 2018 | Hired Attorney | Debt Collection
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...
Posted by Alicia | February 22, 2013 | Debt Collection
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 bankrupt...
Posted by anonymous | January 29, 2013 | Debt Collection
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 ...
Posted by Ryan | November 20, 2012 | Lawsuits & Disputes
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 progres...
Posted by Ray | August 06, 2012 | Chapter 13 Bankruptcy
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 wit...
Frederick William Schwinn's Lawyer Endorsements
"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"
"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."
"I endorse this lawyer."
"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."
"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."
"I endorse this lawyer."
"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."
"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."
"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."
"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."
"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."
"This man is a consumer's best friend. A very good credit card/collection defense attorney."
"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."
"I endorse this lawyer. Fred is a talented lawyer who has obtained tremendous results in debt settlement cases."
"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."
"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."
"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."
"Attorney Fred Schwinn is extremely knowledgeable and professional, and gets great results for his clients."
"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."
"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."
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Experience
Honors
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
AV Preeminent, Martindale-Hubbell®
2013
Attorney of the Year, Community Legal Services in East Palo Alto (CLSEPA)
2013
AV Rating in Debtor and Creditor Law, Martindale-Hubbell®
2012
Outstanding Volunteer Attorney, VSLP - The San Francisco Bar Association
2011
Outstanding Volunteer Attorney, VSLP - The San Francisco Bar Association
2010
Certificate of Recognition, Pro Bono Project of Silicon Valley
Work Experience
2004 - Present
Attorney, Consumer Law Center, Inc.
1997 - 2004
Attorney, Consumer Law Center, P.A.
Associations
2004 - Present
State Bar of CaliforniaMember
2004 - Present
Public JusticeMember
1999 - Present
National Association of Consumer Bankruptcy AttorneysMember
1999 - Present
National Association of Consumer AdvocatesMember
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
Cruz v. International Collection Corporation
Summary Judgment Affirmed on Appeal
Monarch InoVenture Capital, LLC v. Man Wa Amennuno
Gambling debts are not enforceable in California
Fontaine v. Superior Court (CashCall, Inc.)
Transfer of venue reversed
Resurgence Financial, LLC v. Chambers
Delaware's 3 year statute of limitation applied
Education
1997
Washburn University School of Law
JD - Juris Doctor
1994
Washburn University
BBA
Speaking Engagements
2011
Pro Bono Project Silicon Valley - Attorney Training Series
"The Basics" - Bankruptcy Law
2010
VLSP - The Bar Association of San Francisco
Consumer Debt Defense
2010
Pro Bono Project of Silicon Valley - Consumer Clinic
Bankruptcy and Debtor's Rights Clinic
2010
Pro Bono Project of Silicon Valley - Attorney Training Series
"The Basics" - Bankruptcy Law
Publications
2021
Bay City News Foundation
Debt collection lawsuits compound COVID woes for some Bay Area residents
2015
New York Times
Sued Over Old Debt, and Blocked From Suing Back
2012
2012
KGO-TV San Francisco
Firm targets CA homeowners with foreclosed 2nd mortgages
2011
San Jose Mercury News
San Jose area bankruptcies set all-time record
2010
California Lawyer Magazine
A Debtor's Offense
2010
The New York Times
Some Lawyers Want to Keep Debt Collection Out of the Courts
2010
Reason Magazine
The Return of Debtor’s Prison
2009
San Jose Mercury News
Loan Pleas Swamp Banks
Languages
English
Activity
Legal Answers
Legal Guides
Legal Answers
Q&A
Memorandum of judgment from a law firm I never heard from. I have no debt
24 Sep 2021
Q&A
Hi, I loaned a person money to pay their delinquent mortgages and was told I would be paid back in 6 months. I Year6 months now?
14 Jul 2020
Q&A
What are my options when a civil suit is filed against me and a judgement has been issued?
15 Jul 2020
Legal Guides
Legal Guide
Understanding the Telephone Consumer Protection Act
24 Dec 2009
Legal Guide
How to Improve Your Credit
20 Dec 2009
Legal Guide
Credit Card Chargeback Rights
14 Dec 2009