Falling into a deep financial hole often leads to a life altering fork in the road. Do you try to climb out of the deep financial hole or do you throw up your hands in surrender by filing for bankruptcy. Having a debt collection agency such as Avante USA, Ltd. contact you can expedite the surrendering process, especially when the third party debt collector resorts to issuing threats to coerce you into taking care of a delinquent credit card or personal loan account. However, you do not have to throw up your hands.
You are protected by a historically important consumer protection law that prohibits bill collectors like Avante USA, Ltd. from issuing threats.
About Avante USA, Ltd.
As a debt collection agency operating out of South Texas, Avante USA, Ltd. has been in business for more than 16 years. According to the Better Business Bureau (BBB), Avante USA, Ltd. has received “numerous complaints” since March of 2016. The BBB website states a growing number of consumers allege the third party debt collector “is reaching out to consumers and/or their family members in regards to old debts.” Consumer complaints against Avante USA, Ltd. also include allegations the third party debt collector does not verify debts the company wants to collect
Threats are Clear Violations of the FDCPA
On September 20, 1977, the United States Congress wrote the Fair Debt Collection Practices Act (FDCPA) into law in a powerful move to curtail excessive debt collection agency harassment and intimidation. One of the most effective strategies third party debt collectors use that falls outside the boundaries of ethical behavior involves the issuing of direct threats to consumers. The question is not whether threats are allowed under the FDCPA; they are not. The question is what type of threats the FDCPA considers to be illegal.
Avante USA, Ltd. cannot threaten to seize your property in an attempt to invoke eminent domain to settle an outstanding credit card or personal loan account. Threatening to seize your property is a blatant violation of the FDCPA, as is threatening to contact the IRS or a law enforcement agency to motivate you to settle a consumer debt. Some bill collectors threaten to use violence, as well as threaten consumers with incarceration. Rest assured there are not any debtor prisons in the United States.
Suing for Monetary Damages
What happens if Avante USA, Ltd. threatens you in any way? If you can prove the debt collection agency threatened you, there first thing you should do is speak with a licensed consumer protection lawyer who specializes in handling FDCPA cases. Your FDCPA attorney will determine whether there is enough evidence to file a lawsuit seeking monetary damages, which is just compensation for covering the costs of the lost wages and medical bills racked up because of physical and/or emotional duress symptoms. Physical evidence includes medical documentation that verifies you were treated for physical and/or emotional distress. Your FDCPA lawyer will also call to the stand expert witnesses from the healthcare community.
Never allow a debt collection agency to threaten you in any way. Schedule a free initial consultation with an experienced FDCPA attorney to learn more about your rights under the federal consumer protection law.
*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 Avante USA, Ltd., or any other third-party collection agency, you may not be entitled to compensation.