The harassment will stop once you file. Also, this sounds like they are violating your rights under the FDCPA.

Answer Applies to: Washington
Replied: 1/18/2012

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Collection agencies often use scare tactics - some legal, most not. Bankruptcy stops collection activity and prevents or stops lawsuits.

Answer Applies to: Indiana
Replied: 12/14/2011

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They cant sue you if you file for bankruptcy, all collection actions are stayed.

Answer Applies to: Georgia
Replied: 12/14/2011

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Generally speaking, a collection agency threatening to sue someone who files bankruptcy is a false and misleading statement under the Fair Debt Collection Practices Act which might allow YOU to sue THEM for $1,000 statutory damages AND attorney fees. It is the collection agency that will get in trouble, not you, if you file for bankruptcy and they bother you any further. A federal Bankruptcy Judge is a lot more powerful than a collection agency. Getting rid of the harassing phone calls is one reason why people file for bankruptcy.

Answer Applies to: New Jersey
Replied: 12/13/2011

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Your question makes you sound like the most polite person on the planet. You failed to fall on the floor laughing when the collection company said they would, "sue you if you filed bankruptcy." What a fabulous joke that is. No, the collection company will not sue you or be "mad at you" for filing bankruptcy. Once you file bankruptcy all of your creditors are forbidden to even call you, much less sue you. They could be fined or even jailed for breaking the court's order not to attempt to collect their debt. By the way, corporations have no hearts. They don't even have minds. So, they cannot be "mad" at anyone. Certainly they could never be angry at such a polite soul as yourself. So relax and file for bankruptcy. Enjoy yourself. Bankruptcy is supposed to give you a "fresh start" and some peace of mind.

Answer Applies to: Ohio
Replied: 12/12/2011

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Filing bankruptcy will stop the collection agency from trying to collect from you. It will stop the collection agency from suing you. It will stop the collection agency from calling you and writing to you. It will not get you in trouble with the collection agency.

Answer Applies to: California
Replied: 12/10/2011

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You are being subjected to illegal and harassing collection practices. The collector is lying to you. They do that a lot. If you file BK they cannot sue you. See an attorney immediately. In the meantime do not talk to the collector.

Answer Applies to: Colorado
Replied: 12/9/2011

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No. Filing bankruptcy will protect you from your creditors, including the collection agencies. If a collection agency threatened to sue you for filing bankruptcy, they likely have violated the Fair Debt Collection Practices Act, which prohibits collection agencies from threatening to take action they cannot legally take (such as suing someone for filing bankruptcy). Call a bankruptcy attorney that also handles Fair Debt cases to discuss both issues.

Answer Applies to: Wisconsin
Replied: 12/9/2011

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No, they would no longer be able to contact you or attempt to collect the debt if you are granted a bankruptcy discharge. Their claim to sue you if you file is false.

Answer Applies to: Florida
Replied: 12/9/2011

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They are bullying you. There is nothing they can do to you if you file bankruptcy. By definition the debt is too old to be a problem if it has gone to collections.

Answer Applies to: California
Replied: 12/8/2011

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Nofiling bankruptcy will actually protect you from this creditor. Additionally it sounds like you may have claims against this collection company for violations of the Federal Fair Debt Collections Practices Act.

Answer Applies to: Utah
Replied: 12/8/2011

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The filing of the bankruptcy case automatically stays certain collection and other actions against the debtor, the debtor's property, and certain co-debtors. Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. In most cases, the automatic stay would stop any collection agency from attempting to collect. Any attempt to collect a debt or take other action in violation of the Bankruptcy Code, may subject the collection agency to penalties for violating the automatic stay. You may also consider documenting the harassing phone calls. Depending on the circumstances, you may have recourse under the Fair Debt Collection Practices Act and other applicable law.

Answer Applies to: Alabama
Replied: 12/8/2011

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Just the opposite is true. When you file bankruptcy, the Court imposes the automatic stay which stops all collection activities, including calls and lawsuits. If they continue, you can get the court to impose monetary sanctions.

Answer Applies to: North Carolina
Replied: 12/8/2011

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These collection calls will stop when you file for bankruptcy. They will receive notice that you have begun the bankruptcy process. If they filed suit against you, you will need to include any judgments against you in the bankruptcy proceedings.

Answer Applies to: Texas
Replied: 12/8/2011

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No one can sue you for filing bankruptcy. They are violating the law by saying that and you now have a claim against them.

Answer Applies to: Colorado
Replied: 12/8/2011

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They are violating the Fair Debt Collection Practices Act by threatening a lawsuit if you file bankruptcy. Filing a bankruptcy case will not only stop their collection efforts, they are not likely to sue in your bankruptcy case, unless you obtained that debt by fraud or false pretenses. Consult with your local bankruptcy attorney.

Answer Applies to: California
Replied: 12/8/2011

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Most collections agencies are all talk. The reality is that if your debt is old enough to end up with a collections agency, there is very little that they will actually be able to do in bankruptcy unless you clearly took out the debts in question with no intention of repayment or the debt is the product of some kind of fraud.

Answer Applies to: Oregon
Replied: 12/8/2011

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If you file bankruptcy they cannot sue you in state court.

Answer Applies to: California
Replied: 12/8/2011

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Harassment from collection agencies is one of the reasons you file for bankruptcy. You need to speak with a bankruptcy attorney about this issue. A creditor cannot sue you for filing bankruptcy. The fact they stated this is a violation of federal debt collection laws. You can sue them! Talk with a consumer attorney or bankruptcy attorney about your options and end this harassment.

Answer Applies to: Texas
Replied: 12/8/2011

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No collection agency can sue you if you file bankruptcy. The collection agency does not want you to file bankruptcy so they can scare you into paying the debt. The collection agency also knows that if you file bankruptcy, then the collection agency will not get paid. Don't live in fear of collection agencies and get legal help today.

Answer Applies to: Colorado
Replied: 12/8/2011

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The collection agency doesn't want you to file because it will prevent them from collecting on the debt (perhaps forever). You cannot be sued by them, however, for filing for bankruptcy. The person you spoke with you told you that was lying.

Answer Applies to: California
Replied: 12/8/2011

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They can't sue you if you file bankruptcy. The point of filing bankruptcy is to protect you from debt collection. The collection agencies may not be happy but there is nothing they can do to stop you or interfere with your case.

Answer Applies to: Texas
Replied: 12/8/2011

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No, they are prohibited from saying anything negative or embarrassing to you or from taking any action against you after they are advised you are filing bankruptcy.

Answer Applies to: Illinois
Replied: 12/8/2011

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They cannot sue you for filing bankruptcy, in fact you can now sue them for threatening to sue you. If you log the names of the people that call, the company they call from, the time, etc., then you can file a FDCPA claim against them in which you are entitled to money damages for harassment.

Answer Applies to: New York
Replied: 12/8/2011

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The automatic stay in bankruptcy prohibits any creditors from taking any further action to collect on a debt against you or a co-debtor. Best to keep your bankruptcy attorney informed of all contact by creditors after you file your case.

Answer Applies to: Ohio
Replied: 12/8/2011

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They cannot sue you if you file bankruptcy as that is what bankruptcy is all about. Not being sued.

Answer Applies to: Michigan
Replied: 12/8/2011

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No. The opposite is true. The automatic stay of bankruptcy stops all calls and action against you once the creditor or collection agency is notified that the bankruptcy has been filed. Younotify the collection agency and each creditor by written notice as part of the bankruptcy proceeding. But if you are contacted by phone,you will also give the caller your case numberand they will they will stop calling orbe open tosubstantial penalty from the Bankruptcy Court. If a ny lawsuit is filed against you prior to the bankruptcy being filed, the State Court or Federal Court where the action is filed should be noticed and that Court will stop their proceeding. Alimony and child support actions can continue, and a motion for stay relief can be filed in bankruptcy court where there is fraud, a secured creditor, or other legal basis.

Answer Applies to: Florida
Replied: 12/8/2011

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Unless you have committed some sort of fraud in order to aquire the credit like claimed that you owned property that you didn't which representation the creditor relied upon when issuing you credit the threat is likely an idle one. The bankruptcy will stop any lawsuits outside of the bankruptcy court (and prevent your creditors fron bringing new suits). Further, as I alluded to earlier, there are limited circumstancea in which an unsecured creditor can bring an action against you within the bankruptcy case (i.e., an "adversary proceeding").

Answer Applies to: Massachusetts
Replied: 12/8/2011

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No. If your debt is an unsecured non priority debt, the debt and suit will go away.

Answer Applies to: Washington
Replied: 12/8/2011

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A signature feature of bankruptcy is the Automatic Stay; a universal self-executing injunction against the initiation or continuation of action to collect from the debtor. No creditor can sue, harass, call, or even speak to a debtor after a case is filed, except with leave from the court. Of course debtors can be sued within the context of the bankruptcy itself. Adversary cases can defeat a discharge, but only under certain conditions. To find out whether you might face an Adversary case if you file bankruptcy, speak with an Attorney in your area.

Answer Applies to: Illinois
Replied: 12/8/2011

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No. Don't believe anything a debt collector tells you.

Answer Applies to: Texas
Replied: 12/7/2011

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No, it gets you OUT of trouble with the collection agency...once you file, they may not contact you any longer.

Answer Applies to: California
Replied: 12/7/2011

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It's a collection agency. You don't believe anything that they say.

Answer Applies to: Washington
Replied: 12/7/2011

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No, absolutely not. In fact, it sounds like you can sue them for violations of the FDCPA. I would contact a consumer rights atty and a BK atty.

Answer Applies to: California
Replied: 12/7/2011

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It was a blatant violation of the law for them to say that. Ignore creditors that commit crimes and break the law. A collector that says that frankly needs to get sued. Make sure you hire a lawyer to file and do not file pro se. Your lawyer will make sure that the collection agency cannot abuse you, and should they try, he can sue them for you.

Answer Applies to: Georgia
Replied: 12/7/2011

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Filing bankruptcy will stop all harassing phone calls and they can't sue you once you file bankruptcy and include their debt in your bankruptcy.

Answer Applies to: Florida
Replied: 12/7/2011

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They are lying to you. Bankruptcy stops all collection efforts and prevents bill collectors from suing you. It is the collection agency that can be sued if they continue to harass you after you file your bankruptcy case.

Answer Applies to: Minnesota
Replied: 12/7/2011

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Visit NACA.net and find a lawyer in your area who practices consumer law. the Fair Debt Collection Practices Act prohibits debt collectors using abusive or harassing tactics to collect debts. You can win $1000 plus actual damages. The FDCPA also provides that the debt collector has to pay your attorney's fees if you win. Sue them. The Bankruptcy filing imposes an automatic stay - a court order to stop - on all collection activity. The only lawsuit they can bring after you file is a suit to ask that the debt be declared non-dischargeable. The main reasons they do that is if you committed fraud on them, or if you owe restitution or a judgment for drunk driving. Most consumer debt is dischargeable. Many bankruptcy attorneys will provide a free initial consultation if you call around. A bankruptcy lawyer should be able to tell you if there is any danger they can sue you in the bankruptcy.

Answer Applies to: Minnesota
Replied: 12/7/2011

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Get rich. (Well, not rich but...) If a creditor or collection agency sues you after you file for bankruptcy protection without getting permission from the bankruptcy court (which they are unlikely to get) then your attorney will sue them and collect money for you. Filing a lawsuit after you file for bankruptcy would be a blatant and willful violation of the bankruptcy stay and would subject the creditor to significant consequences. The debt collectors are lying to you to scare you into paying them.

Answer Applies to: Colorado
Replied: 12/7/2011

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Once you file for bankruptcy no one can legally call you to collect so filing a bankruptcy case will stop the calls.

Answer Applies to: California
Replied: 12/7/2011

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No. When you file they will not be able to contact you.

Answer Applies to: Florida
Replied: 12/7/2011

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Collection agencies cannot sue you if you file for bankruptcy. In fact, once you file for bankruptcy, they will be notified by the court and they cannot contact you thereafter.

Answer Applies to: Maryland
Replied: 12/7/2011

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You should speak with someone who is versed in the Fair Debt Collections Practices Act as well as a bankruptcy attorney who can give you more accurate information. A bankruptcy stops creditor harassment and protects you from law suits...what the collection agency told you is not true. In fact, you may have a claim against them! The best thing to do is to meet with a reputable attorney who can advise you of your rights.

Answer Applies to: Ohio
Replied: 12/7/2011

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They can't sue you if you file for bankruptcy. In fact, they cannot contact you about the debt the moment you file for bankruptcy. It is one of the major reasons that people seek relief in bankruptcy - stop harassing calls and collection attempts.

Answer Applies to: Florida
Replied: 12/7/2011

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Report them to the State Attorney Generals Office They are violating the law. Contact an Attorney to sue them under Fair Debt Collection Practices Act. Get a recorder ant tape any future calls.

Answer Applies to: Georgia
Replied: 12/7/2011

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Unsavory collection agencies will say anything to get you to pay on the debt. Talk to a Bankruptcy Attorney to get the best information regarding your situation. Bankruptcy will stop the harassing phone calls!

Answer Applies to: Georgia
Replied: 12/7/2011

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Filing bankruptcy is designed to get you out of trouble with collectors, and it will stay lawsuits. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 12/7/2011

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No. The collection agency will be prohibited from having any further contact with you once you file for Bankruptcy. If the collector continues to contact you after filing your case, you can sue them for violating the automatic stay.

Answer Applies to: Georgia
Replied: 12/7/2011

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It is illegal for a collection agency to sue you if you file bankruptcy.

Answer Applies to: California
Replied: 12/7/2011

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Collection agencies are well known for their harassing tactics, many of which violate state and federal laws which are in place to protect people like you. They will lie to you and tell you things like "if you file bankruptcy, you will never get a job", and many other things. Don't get into conversations with collectors who are abusive - just hang up the phone. I recommendyou get a consultation with a bankruptcy attorney do learn your bankruptcy options and set up a plan. My office provides a free, 30 minute telephone consultation. Many attorneys, myself included, will allow you to forward those collection calls to their office once you retain them for bankruptcy.

Answer Applies to: California
Replied: 12/7/2011

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