“You Can’t File Bankruptcy Anymore!” — Collector Lying Or Truthful?


“You Can’t File Bankruptcy Anymore!” — Collector Lying Or Truthful?

bankruptcyDebt collectors routinely lie to Alabama consumers about their rights and when they do this the debt collectors should be sued.

One example is collectors will tell you that the law changed and now you can’t file for bankruptcy protection.

This is a lie and normally violates the Fair Debt Collection Practices Act (FDCPA) law.

The law was changed a number of years ago to make filing for bankruptcy somewhat more difficult but that is different than a blanket statement, “You can’t file bankruptcy anymore!”

Here are a few thoughts for you.

Is the Collector a Licensed Lawyer in Alabama?

If not, then they shouldn’t be giving you legal advice.

The truth is most collectors don’t know the law and almost all collectors (except collection lawyers) are not even attorneys and certainly not attorneys in Alabama.

So for these guys to be giving you legal advice is crazy, particularly when it is a lie.

Would the Collector Lie About This?

Absolutely.

Abusive collectors will lie about any number of items.

How long a debt will stay on your credit report.

Whether you are about to be sued.

Whether you can be garnished without having a judgment against you.

The list goes on and on.

Why Would the Collectors Lie About Whether I can File for Bankruptcy?

Easy — it is to keep you from filing for bankruptcy.

If you think you have no option to file for bankruptcy, then it makes it more likely that you will pay the abusive collector.

It may be the right decision to pay or it may be the wrong decision.

You absolutely, however, don’t want to pay an abusive debt collector that is lying to you.

Just like in court where the judge tells the jury, “If you find a party or witness has lied about one thing you are entitled to presume they are lying about everything.”

You should be skeptical of trusting anything a lying collector says to you.

So, what do you do if a collector is lying to you?

You Sue the Lying Abusive Debt Collector to get them to Stop Lying to You

This is the simple, straightforward solution that should be considered by you and your attorney.

If the collector has violated the FDCPA (Fair Debt Collection Practices Act), then consider suing for money damages.

This will be the one thing that will encourage these abusive debt collectors to stop lying — when it becomes painful economically.

When the money they are paying out in damages to you (and others) exceeds the money they make from lying.

When the money they are paying out to consumer attorneys cuts into their profits.

Then they will decide it doesn’t make sense to lie to you or to other consumers. ¬†We call this being a hero by suing abusive debt collectors.

Contact Us.

If you live in Alabama and have questions, give us a call at 1-205-879-2447.

Or fill out a contact form and we will get in touch with you as soon as we can.

I look forward to chatting with you!

Have a great day.

-John G. Watts

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