If Avante USA, Ltd. Is trying to contact you in Texas, the agency must follow numerous debt collection provisions mandated by state and federal law. Under the Fair Debt Collection Practice Act (FDCPA), which Congress passed into law in September 1977, a third party debt collector is prohibited from abusing and threatening consumers.
In addition, the FDCPA outlaws deceptive debt collection practices, including impersonating an attorney or member of law enforcement. If someone from Avante USA, Ltd. violates one or more provisions of the FDCPA, you have the right to contact a consumer protection law attorney to decide the best course of legal action.
The TDCA and Statute of Limitations
Enacted shortly after the passage of the FDCPA, the Texas Debt Collection Act (TDCA) gives you the right to contest any information a debt collector has on file about you. You have the right to send a cease and desist letter by certified mail and a debt collector has 30 days to respond to the letter.
One of the most important legal provisions created by Texas law involves the statute of limitations for collecting personal debts. In Texas, third party debt collectors have four years past the original due date to initiate action to collect personal debts.
The four-year statute of limitations for collecting consumer debts applies to student and personal loans, as well as credit card debt.
Can a Debt Collector Charge Me Fees and Interest?
One of the unethical practices implemented by third party debt collectors is to add fees and interest charges to a debt after buying a debt from the original creditor. Texas law does not clearly forbid third part debt collectors from adding fees and interest charges on original debts.
Under Texas finance Code Section 393.303, debt collectors must present evidence of the legal authority to charge additional fees and interest.
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Wage Garnishment Law for Collecting Debt
When a debt collector wins a judgment against the consumer, the agency or law firm can require an employer to garnish the wages of the consumer. However, Texas has one of the most consumer friendly wage garnishment laws in the United States.
Debt collectors can request wage garnishment judgments only for taxes, alimony, child support, and student loans. Texas law does not permit debt collectors to garnish wages credit card and personal loan debt.
The inability to garnish wages for credit card and personal loan debts gives consumers leverage in negotiating debt settlements.
How to Handle Unlawful Debt Collectors
Most TDCA violations also fall under the legal protections mandated by the Texas Deceptive Trade Practices/Consumer Protection Act. The Texas Attorney General has the legal power to take action against unlawful debt collectors.
In addition, both the TDCA and FDCPA allow consumers to seek justice in a court of law. Working with a licensed consumer protection law attorney who has gained experience handling TDCA cases can help you win monetary damages.
Additional Resources
*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.