There is a secret that debt collection agencies prefer consumers never discover: Consumer debt has a statute of limitations. Like a statute of limitations imposed on many types of criminal charges, consumers debt collection efforts come with a clock that continues to tick for a specified amount of time.
How much time a third party debt collector has to pursue an outstanding debt depends on the state where the agency operates. If Avante USA, Ltd. contacts you concerning a delinquent credit card or personal loan account, you should immediately consult with a licensed consumer protection lawyer to determine the statute of limitations mandated by state law.
If the statute of limitations has expired in your state, you have the legal right under a landmark federal law to request Avante USA, Ltd. stop contacting you about an outstanding debt. A debt collection agency can ask you to pay a delinquent debt, but the company violates the Fair Debt Collection Practices Act (FDCPA) if a representative threatens to file a lawsuit in an attempt to collect an outstanding debt balance.
Drafting a Notice for Avante USA, Ltd.
Like a football coach that develops a game plan, the FDCPA provides consumers with a blueprint that protects them from unethical debt collection agencies. The FDCPA requires Avante USA, Ltd. to inform you of who they are and explain you have the legal right to dispute a debt collection effort within 30 days of the initial contact.
Third party debt collectors are also prohibited from harassing consumers by using abusive language or issuing threats that include physical intimidation. An experienced FDCPA lawyer will help you draft a compelling letter that not only explains the state mandated statute of limitations, but also asks Avante USA, Ltd. to cease and desist from making further contact with you.
Sample Letter to Send to a Debt Collection Agency
The key to sending an effective notice to a third party debt collector that the statute of limitations has expired on a consumer debt is to know exactly when the clock started ticking on the debt. Statute of limitations in most states begins on the first due date for the monthly payment on a credit card or personal loan account.
Here is an example of how your lawyer will draft a notice:
To Whom It May Concern:
I am writing this letter is in response to your letter dated October 20, 2018 concerning the account number I have listed at the top of this letter.
I have checked with my state Attorney General’s office and confirmed the statute of limitations on the debt has expired. If you choose to pursue this matter in court, I will be forced to show proof that the statute of limitations has expired.
Let this letter serve as notification that I do not wish to be contacted about this debt any further except to be notified that your agency has stopped all forms of collection efforts. Any other communication regarding this debt will be taken as a violation of the Fair Debt Collection Practices Act.
Learn more about the statute of limitations and how the FDCPA protects you by speaking with a consumer protection lawyer today.
*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.