George Simons | July 21, 2022
Summary: Is Avante USA suing you for a debt? SoloSuit can help you respond to the lawsuit and win in court. Here's how.
Do you keep getting harassing phone calls and letters from debt collectors affiliated with Avante USA? If so, you are probably feeling a combination of anger, frustration and anxiety. This is perfectly understandable since debt collectors such as Avante USA will use every trick in the book to try and make your life miserable until you agree to pay what they think you owe. Some debt collectors even resort to using inappropriate and unethical methods to try to get you to pay an outstanding debt.
If you find yourself in this situation, do not give up hope. You have legal rights and statutory protections that can be used to beat Avante USA in court.
Avante USA is a debt collection agency operating out of Houston, Texas. They've been in business since 2003 and focus on debt collection services for healthcare providers and medical companies. In addition, they are known for purchasing delinquent accounts from financial institutions (also known as “charged-off” accounts) for pennies on the dollar in the hopes that they will get the debtor to pay off the debt in full. This means that Avante USA buys old debt for less than the original amount and makes a huge profit when the debtor pays the whole amount. The debt collectors hired by Avante USA are known for using aggressive and questionable collection tactics that often violate the Fair Debt Collection Practices Act (FDCPA). Keep reading to learn more about this law and your rights as a consumer.
Avante USA is notorious for trying to take advantage of consumers who may not know their rights under the Fair Debt Collection Practices Act. The FDCPA lays out rules and regulations that state what debt collectors can and cannot do. Here are some examples of violations of the FDCPA:
Many consumers are unaware of the rules that debt collectors must follow. Debt collectors know most people are ignorant of the provisions of the FDCPA. But once you know the rights that you have, you have a better chance of beating any lawsuit filed against you.
With a Better Business Bureau score of 1 out of 5 stars, Avante USA has received more than 240 complaints just within the last three years. Most of these complaints involve Avante USA's unfair credit reporting and other violations of the FDCPA.
For example, one consumer said that their credit score dropped significantly when Avante USA reported a fraudulent debt in their name. They had never heard of the debt before, and they were certain that they did not owe anything.
If you get sued by Avante USA, it's vital to respond. Do not ignore the lawsuit and hope it disappears. It will not go away. If you do not respond, Avante USA will request a default judgment against you which may give them the right to garnish your wages and put liens on your property. There are things you can do to beat them at their own game!
Instead of ignoring the lawsuit, follow these three steps to respond::
Now let's discuss each of these steps in detail.
If you prefer not to read, check out this helpful video where SoloSuit's CEO explains the three steps to responding to a debt lawsuit:
The first step to winning your debt lawsuit is to respond to the claims made against you. If Avante USA has sued you, you should have received some legal documents in the mail called the Summons and Complaint (some states call the Complaint a Petition). The Summons notifies you that you're being sued, while the Complaint lists the specific allegations being made against you.
You must respond to each claim from the Complaint. The court will interpret a lack of response as an admission. In other words, if you ignore any of the claims, it's as if you are admitting them.
In your Answer document, include a numbered list of responses that corresponds with the claims listed in the Complaint. You should choose one of the following answers:
Most attorneys advise consumers to deny as many claims as possible. Denying is kind of like requesting Avante USA to prove the claim. If they don't have the proper documentation to prove something, their case is invalid and they might even drop it. When you admit everything, the court will rule in favor of Avante USA.
After you've responded to each claim in the Complaint, you should include a section where you state your affirmative defenses. These are any deficiencies with the allegations listed in the Complaint. In other words, an affirmative defense is any legal fact or reason that Avante USA should not win the case.
Remember that debt collectors must prove that you owe the money they claim in the complaint. This means Avante USA must show the following things before you are proven to owe the debt:
If Avante USA cannot prove the above, there is a high probability you will win in court. You could get the lawsuit thrown out. Here are some examples of affirmative defenses you can include in your Answer.
Depending on your case, you could say that Avante USA was unable to file the suit within the statute of limitations. The statute of limitations is the time limit a person or entity has to file suit against someone else, and it varies by state. If the facts of your case show that Avante USA sued you and the statute of limitations expired, you may file a legal motion to have the suit dismissed with prejudice.
Let's consider an example.
William is sued by Avante USA for an old credit card debt in Texas. He realizes that the debt is from seven years ago, and he hasn't made any payments on the account since then. The Texas statute of limitations on credit card debt is only four years, which means Avante USA cannot sue William for the debt. They can keep contacting him to get him to pay it off, but they cannot take him to court for it. In other words, William is legally off the hook.
There are other ways to win against Avante USA in court. Consider filing a countersuit, if you possess evidence that Avante USA is in violation of the FDCPA. If you have proof, you may be eligible for compensatory damages and to have your legal fees paid.
Finally, you're ready to submit your Answer to the court. Make sure to print it on standard, white paper and sign it at the bottom. You can mail your Answer to the court, file it electronically online as available, or you can go to the courthouse and drop it off yourself.
Make sure to print a copy of your Answer so you can serve it to Avante USA's attorneys. Their address should be listed in the Summons and Complaint documents. Send the Answer copy via certified USPS mail with a return receipt requested.
Here's a summary of what to do if you have a debt collection lawsuit filed against you:
If you've been sued by Avante USA, don't lose hope. These are effective strategies that can help you beat Avante USA in court. SoloSuit can help you defend yourself and outsmart debt collectors.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now or are just looking for support, we're here for you.
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.