If you have bills that are delinquent, or if even worse – you are being accused of owing a debt that isn’t yours – you do have resources available to help you as well as your friends and family. The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 to stop harassing practices of third-party debt collectors while collecting debts. While the FDCPA has strict laws, not all third-party debt collectors abide by the FDCPA and other collection laws. If you think that Avante USA, Ltd., has been making calls too frequently, or if they are failing to validate your debt, you may have grounds for an FDCPA lawsuit.
What Is A Debt Validation Letter And Why Do You Need It?
Before you start making payments to a debt collector because of a bill that they sent you, you should confirm that you owe the debt and are responsible for it. When you make the request, debt collectors have the legal obligation to send you a letter asking to validate the debt, outline the debt in detail, explain how much you owe and all the fees, and other basic details about the debt in question. If you are unsure about the debt, or if you don’t think it is your debt, you can send a letter to Avante USA, Ltd., asking them to send you proof of the debt with detailed information.
Per the FDCPA, the debt collector must promptly respond to your validation request by providing you with proper validation of debt within 5 days of your request. If Avante USA, Ltd., doesn’t send you the validation letter that you requested within a timely manner, they are in violation of the FDCPA and you can file a claim against them to recover compensation for your damages caused by their actions.
Damages You May Be Entitled To Recover
If you can successfully prove your claim against Avante USA, Ltd., in court, you can recover $1,000 in statutory damages. The court could also award actual damages, which may include physical and emotional damages, plus compensation for lost earnings and garnished pay. Avante USA, Ltd., could be ordered to cover the costs of your legal fees.
You can recover physical damages for easily proven ailments, such as migraines, tension headaches, stress-induced cardiac problems, and rashes. If you suffer from anxiety attacks, depression, or stress, the attorney may file a claim for emotional distress. Keep supporting documentation, such as medical bills, to prove that you suffered these medical problems because of the stress from the debt collections harassment.
Speak With An FDCPA Attorney
If your debt wasn’t properly validated by Avante USA, Ltd., there are legal repercussions. Talk with an FDCPA attorney who specializes in debt collector harassment cases in your area to learn more about your rights. They will tell you how to stop the harassment from Avante USA, Ltd. Complete the Free Case Evaluation Form on this page to share the details with an attorney who handles such cases in your area.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Ace Cash Express, Inc., or any other third-party collection agency, you may not be entitled to compensation.