Sometimes even the most responsible of people fall on hard times. There are numerous reasons why someone might not be able to pay their bills. When debt goes unpaid for a length of time, it is often turned over to third-party collection agencies, such as AvanteUSA.
In an effort to protect consumers from unfair treatment from debt collectors, Congress passed the Fair Debt Collection Practices Act (FDCPA) in 1977. If AvanteUSA has contacted you regarding unpaid bills, you should make yourself aware of your rights under federal law.
What Are My Rights When It Comes to Debt Collection?
Businesses have a right to collect monies that are owed to them. Collection agencies have been assigned the important task of helping these companies obtain the funds owed to them. It’s important to know that consumers have protected rights when it comes to debt collection.
Before responding to any contact with AvanteUSA, you should review the following legal rights:
- You have the right to protection from harassment or abuse. The FDCPA prohibits the use of profanity, threats of harm, or excessive phone calls meant to annoy or abuse you.
- You have the right to maintain your financial privacy. AvanteUSA should not be contacting anyone, other than yourself, about your debt.
- You have the right to information. Representatives of AvanteUSA need to identify themselves when calling you. They are required to provide you with their names, the reason for their call, the dollar amount owed, and the name of the original creditor.
How Do I Draft a Letter Debt Validation Letter to AvanteUSA, Ltd.?
If you have received notification from AvanteUSA regarding a debt that they claim you owe, you have 30 days to respond with a demand that the debt is validated. Per the FDCPA, individuals have the right to confirm that the debt is indeed theirs.
Debt collectors are required to stop collections until debt validation is provided. Should you not make this request within 30 days, the debt is assumed to be valid.
While composing a debt validation letter is not complicated, you should consider hiring an experienced FDCPA lawyer to assist you in writing your debt validation letter. As there are many factors at play, you will want to draft your letter with certain things in mind.
For example, you should not indicate that you plan to pay the debt. Further, you do not want to acknowledge the debt as yours.
As you only have 30 days to request debt validation, you will want to contact AvanteUSA as soon as possible. Your debt validation letter should be sent via certified mail for proof of receipt.
Sample Debt Validation Letter to AvanteUSA
To Whom It May Concern:
I am writing this letter in response to the phone call (or letter) that I received by AvanteUSA on (fill in the date). Under the Fair Debt Collection Practices Act (FDCPA), I have the right to request validation of the debt that you claim I owe.
This letter is not a refusal to pay nor an acknowledgment of the debt as mine. Instead, it is a statement that your claim is disputed, and that validation is demanded according to 15 USC 1692g Sec. 809 (b) of the FDCPA.
I am requesting that the following information be provided to me by AvanteUSA:
- Copy of the agreement that AvanteUSA has with the creditor that authorizes you to collect on this alleged debt
- Documentation showing that AvanteUSA is licensed to collect debt in my state, including your license number
- Signed copy, bearing my signature, of the agreement stating that I have agreed to assume the original
- Copies of the debt agreement listing the amount of the alleged debt and interest accrued
- Documented proof that the statute of limitations has not expired in my state
- Documentation of the payment history, as well as an accounting of charges being assessed
Per your legal requirements, I am requesting that you cease all collection activity including until this information is provided. If you do not comply, I will immediately file a complaint with the Federal Trade Commission and the Attorney General’s office in (fill in your state).
Is It Necessary That I Contact a Lawyer to Help Me with My Debt?
AvanteUSA is a highly skilled collection agency with experience in collecting debt. However, they are not always accurate when it comes to collection. In some instances, incorrect debt amounts have been requested. In others, AvanteUSA has attempted to collect on debts that have already been paid.
Debt disputes are quite involved, and the time constraints around them create urgency. It is highly recommended that you hire a skilled FDCPA lawyer in your dealings with AvanteUSA.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Avante USA, Ltd. or any other third-party collection agency, you may not be entitled to any compensation.