2.1.8 Reason # 8: Debt Collector May Have to Pay the Consumer’s Attorney Fees

Attorneys often shy away from collection cases for fear their time will be uncompensated. The consumer may be willing to offer a modest retainer, but this may not cover the attorney’s time and expenses. Nevertheless, there are a number of ways that a prevailing consumer can recover attorney fees from the collector, as set out in § 17.1, infra. Fees may be recovered by statute in about twenty states. Fees are also available to the consumer for prevailing on certain counterclaims, or as a result of the collector’s bringing an action without adequate facts. A collector’s failure to admit facts proffered in the consumer’s request for admission might also lead to a partial attorney fee award.