# Fee-Shifting in Consumer-Debt Cases

Companion to `wa-law-references/references/fees-and-costs.md`. That
file covers general-civil fee recovery under RCW 4.84, CR 37(a)(5),
CR 11, CR 68, and the lodestar method. **This file covers the
subject-matter fee-shifting statutes that apply in consumer-debt
matters** — the FDCPA, the Washington CPA, the Collection Agency
Act, and the practical interplay among them.

## Fees under the Washington Consumer Protection Act — RCW 19.86.090

The CPA authorizes the court to award, to a prevailing plaintiff or
counterclaimant:

- **Actual damages**
- **Treble damages** capped at $25,000
- **Reasonable attorney fees**
- **Costs**

See RCW 19.86.090; 4-year SOL under RCW 19.86.120.

**For pro se plaintiffs (or pro se counter-claimants):** the
general rule is that *pro se litigants cannot recover market-rate
attorney fees for their own time*, but this is not absolute. Some
courts have recognized limited-scope fee recovery or recovery for
time spent on specific items prepared with attorney assistance.
Research the specific judge's practice; plead the fee request and
let the court rule. Treble damages and costs are available
regardless of pro se status.

## Fees under the Collection Agency Act — RCW 19.16.450

A consumer who prevails against a collection agency in an action
to enforce a debt against the consumer, *where the collection
agency violated RCW 19.16*, may recover reasonable attorney fees.

This is the Collection Agency Act's own fee-shifting provision. It
overlaps with the per se CPA pathway under RCW 19.16.440, but is
independent — a defendant can win fees under 19.16.450 without
proving the full CPA case.

## Fees under the FDCPA — 15 U.S.C. § 1692k

A successful FDCPA plaintiff (or counter-claimant) recovers:

- **Actual damages**
- **Statutory damages up to $1,000**
- **Reasonable attorney fees** and costs

Federal courts interpret FDCPA fees broadly; a winning consumer is
**entitled to fees** unless extraordinary circumstances preclude
them. Pro se FDCPA plaintiffs have historically not recovered
market-rate fees for their own time (*Pickett v. Sheridan Health
Care Center*, 664 F.3d 632 (7th Cir. 2011) and similar decisions),
but costs and statutory damages flow.

## Offer-of-judgment leverage in debt-buyer cases

For defendants in debt-buyer cases, a pro se defendant who has a
real defense (chain-of-title gap, FDCPA counterclaim, ER 803(a)(6)
foundation problem) can offer nuisance-value judgment ($100 or so)
early under CR 68 / CRLJ 68. If the plaintiff presses on and gets
nothing or less than the offer, the cost-shifting kicks in. Fees
are **not** included in CR 68 costs unless the underlying
substantive law provides for fees — which is exactly the case in
consumer-debt matters: **the contract (4.84.330 reciprocal),
RCW 19.16.450, RCW 19.86.090 CPA, and 15 U.S.C. § 1692k FDCPA all
provide fees.** The combination makes CR 68 offers unusually
powerful in debt-buyer defense.

## CR 11 leverage in debt-buyer cases

CR 11 sanctions are rare, but where a debt buyer files a complaint
**without any chain-of-title documentation** and refuses to
withdraw even after a meet-and-confer putting them on notice of
the deficiency, CR 11 is available. The pattern is most useful
when the underlying chain-of-title gap is documented in discovery
responses.

## Discovery on plaintiff's fee exposure

If the defendant intends to leverage fee-shifting, discovery helps:

- RFP the plaintiff's **retention agreement** with outside counsel
- RFP the plaintiff's **indemnity agreement** for collection
  losses
- IROG asking who bears the cost of the litigation if plaintiff
  loses

These responses often quickly reveal whether the debt buyer is
willing to walk away to avoid fee exposure. See
`rfp-debt-buyer.md` and `interrogatories-debt-buyer.md` in this
bundle.

## Pleading pattern — answer/counterclaim prayer (full debt-buyer)

```
WHEREFORE, Defendant prays the Court for an Order:

  A. Dismissing Plaintiff's Complaint with prejudice;
  B. Awarding Defendant costs under RCW 4.84.010 and 4.84.030;
  C. Awarding Defendant the statutory attorney fee under
     RCW 4.84.080;
  D. Awarding Defendant reasonable attorney fees under:
       (i)   RCW 4.84.330 (reciprocal fee-shifting);
       (ii)  RCW 19.16.450 (Collection Agency Act);
       (iii) RCW 19.86.090 (Consumer Protection Act); and
       (iv)  15 U.S.C. § 1692k (Fair Debt Collection Practices Act);
  E. Awarding Defendant treble damages under RCW 19.86.090 and
     statutory damages under 15 U.S.C. § 1692k(a)(2)(A);
  F. Granting such other and further relief as the Court deems
     just and proper.
```

Ask for **every** available ground. The court will rule on
whichever applies.

## What a pro se can recover in a consumer-debt case

Beyond the general-civil recoveries listed in
`wa-law-references/references/fees-and-costs.md`:

- **Treble damages** under CPA (RCW 19.86.090) — no attorney
  required
- **Statutory damages** under FDCPA ($1,000) — no attorney
  required
- **CPA fees** if awardable notwithstanding pro se status —
  judge's discretion

## Cross-references

- `../../wa-law-references/references/fees-and-costs.md` —
  general-civil fee recovery (RCW 4.84, CR 37, CR 11, CR 68,
  lodestar)
- `fdcpa.md` — FDCPA substance in this bundle
- `wa-consumer-protection.md` — CPA substance in this bundle
- `key-cases.md` — debt-specific case catalog in this bundle