How to Resolve Debt With Avante USA and Protect Your Rights

Do you keep getting harassing phone calls from Avante USA? You’re probably feeling anger, frustration, and anxiety. Debt collectors use every trick to make your life miserable. Some even resort to unethical methods to collect.

You have legal rights and protections. You can beat Avante USA in court.

What is Avante USA?

Avante USA is a debt collection agency in Houston, Texas. They’ve operated since 2003. The company focuses on healthcare debt collection services.

Avante USA buys charged-off accounts for pennies on the dollar. They purchase old debt for less than the original amount. They make huge profits when debtors pay in full.

Debt collectors at Avante USA use aggressive tactics. Many of their methods violate the Fair Debt Collection Practices Act.

The FDCPA Protects You From Harassment

Avante USA tries to take advantage of consumers who don’t know their rights. The Fair Debt Collection Practices Act sets clear rules for debt collectors.

Here are violations Avante USA cannot commit:

• Calling or contacting you at work
• Using vulgar language when collecting debt
• Making threats about lawsuits
• Calling before 8 a.m. or after 9 p.m.
• Discussing your debt with family, friends, or coworkers
• Pretending to be police officers, judges, or attorneys

Most consumers are unaware of these rules. Debt collectors count on your ignorance. Once you know your rights, you can beat their lawsuit.

Avante USA Reviews and Complaints

Avante USA has a Better Business Bureau score of 1 out of 5 stars. The company has received hundreds of complaints in recent years. Most complaints involve unfair credit reporting and FDCPA violations.

One consumer reported their credit score dropped significantly. Avante USA reported a fraudulent debt they never heard of before.

The BBB warns that consumers allege the following:

• Avante USA contacts family members about old debts
• The company attempts to collect debts already paid to other companies
• They report inaccurate information on credit reports without notifying consumers
• They fail to provide debt verification before credit reporting
• Consumers only discover the collection when pulling credit reports

Take this as a warning. Know your rights when Avante USA contacts you.

Defend Yourself Against an Avante USA Lawsuit

If Avante USA sues you, you must respond. Do not ignore the lawsuit. It will not disappear on its own.

Ignoring the suit leads to a default judgment. Avante USA can then garnish your wages and place liens on your property.

You can beat them at their own game. Follow these three steps to respond:

• Respond to each claim in the Complaint and deny as many as possible
• Include your affirmative defenses
• File an Answer with the court and send a copy to Avante USA

Now we’ll discuss each step in detail.

Step 1: Respond to Each Claim in the Complaint

The first step is responding to claims made against you. You should have received legal documents called the Summons and Complaint. Some states call the Complaint a Petition.

The Summons notifies you of the lawsuit. The Complaint lists specific allegations against you.

You must respond to each claim. The court interprets silence as admission. Ignoring claims means you’re admitting them.

In your Answer document, include numbered responses corresponding to the Complaint. Choose one of these answers:

• Deny
• Deny due to lack of knowledge
• Admit

Most attorneys advise denying as many claims as possible. Denying requests that Avante USA prove their claims. Without proper documentation, their case becomes invalid. They might even drop it.

Admitting everything leads to a ruling in Avante USA’s favor.

Step 2: State Your Affirmative Defenses

After responding to each claim, include your affirmative defenses. These are deficiencies with the allegations in the Complaint.

An affirmative defense is any legal fact showing why Avante USA should not win.

Debt collectors must prove you owe the money they claim. Avante USA must show the following:

• They have the right to sue you
• You are the person who owes the debt
• You owe the exact amount alleged

If Avante USA cannot prove these facts, you’ll likely win in court. You could get the lawsuit thrown out.

Use the Statute of Limitations Defense

You could argue Avante USA failed to file suit within the statute of limitations. The statute of limitations is the time limit for filing suit. It varies by state.

If Avante USA sued you after the statute expired, file a motion to dismiss. The court may dismiss the case with prejudice.

Here’s an example: William gets sued by Avante USA for credit card debt in Texas. The debt is seven years old. He hasn’t made payments in seven years.

The Texas statute of limitations on credit card debt is four years. Avante USA cannot sue William for this debt. They can contact him, but they cannot take him to court. William is legally off the hook.

Consider Filing a Countersuit

You can file a countersuit if you have evidence of FDCPA violations. With proof, you may receive compensatory damages. You may also have your legal fees paid.

Working with our partner Solo can help you identify the right affirmative defenses for your case.

Step 3: File Your Answer and Serve Avante USA

Now you’re ready to submit your Answer to the court. Print it on standard white paper. Sign it at the bottom.

You can mail your Answer to the court. Many courts offer electronic filing online. You can also drop it off at the courthouse yourself.

Print a copy of your Answer to serve Avante USA’s attorneys. Their address is listed in the Summons and Complaint. Send the copy via certified USPS mail with return receipt requested.

Summary of What to Do If Avante USA Sues You

Here’s a quick overview of defending against Avante USA:

• Write down details of any calls before 8 a.m. or after 9 p.m.
• Note if the collector contacts you at work or uses offensive language
• Draft an Answer document responding to each claim
• Raise affirmative defenses like statute of limitations
• Insist Avante USA prove the amount owed and your legal responsibility
• File your Answer within the court’s timeframe
• Send a certified copy to Avante USA with return receipt

If you’ve been sued, don’t lose hope. These strategies can help you beat Avante USA in court. Our partner Solo helps you defend yourself and outsmart debt collectors.

Settle Your Debt With Avante USA

If you’re being sued for debt, you can still settle. After filing your Answer, reach out to the attorney listed on the Summons.

Here are tips for negotiating a settlement:

• Make a realistic offer, considering they will likely counteroffer
• For junk debt buyers, settlements of 10-35% of total debt are typical
• Original creditors may accept 50-75% settlements
• Propose only payment plans you can realistically afford
• Paint a picture of your financial hardship
• Show proof of limited ability to pay, like Social Security income
• Mention multiple debts or existing wage garnishments
• Avoid threatening bankruptcy unless you mean it
• Be truthful about your financial situation

Creditors often have detailed information about you already. Honesty is your best strategy when negotiating with Avante USA.