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How to Resolve Debt With Avante USA

George Simons | July 29, 2024

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Summary: To resolve debt with Avante USA, respond to the lawsuit, assert affirmative defenses, file an answer, and then negotiate a settlement.

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.

Settle debt with Avante USA.

You can negotiate debt settlement at any stage of the collections process. SoloSettle makes it easy.

Settle with SoloSettle

What is Avante USA?

Avante USA is a debt collection agency operating out of Houston, Texas that's been in business since 2003. Avante USA focuses on debt collection services for healthcare providers and medical companies. In addition, it's known for purchasing delinquent accounts from financial institutions (also known as “charged-off” accounts) for pennies on the dollar in the hopes that it 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.

The FDCPA protects you from debt collection harassment

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:

  • Avante USA is not allowed to call or contact you at work.
  • Avante USA is not allowed to use vulgar language when contacting you to collect a debt, regardless of their method of communication.
  • Avante USA collectors cannot make threats about a lawsuit.
  • Avante USA cannot try to call you at your house before 8 a.m. or after 9 p.m.
  • Avante USA cannot discuss your debt with your family members, friends, or coworkers.
  • Avante USA cannot pretend to be a police officer, judge, or attorney.

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.

Check out these Avante USA reviews and complaints

With a Better Business Bureau score of 1 out of 5 stars, Avante USA has received more than many 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.

The BBB also lists the following warning about Avante USA:

"It is alleged by consumers of AvanteUSA, the company is reaching out to consumers and/or their family members in regards to old debts. The consumers allege the company is attempting to collect on debts previously paid to other companies. Additionally, many consumers have stated AvanteUSA is reporting inaccurate and/or outdated information on their credit reports without initially notifying the consumer of the debt. It is also being alleged AvanteUSA has not provided verification of debt before placing on ones credit report. In addition to the above allegations, many consumers are also reporting the have never been contacted by AvanteUSA in regards to an outstanding debt; it is only until they pull their credit report they find the company listed as a collection."

Take this as a warning. If an Avante USA debt collector contacts you about debt, know your rights to better defend yourself.

Defend yourself in a debt lawsuit against Avante USA

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::

  • Respond to each claim listed in the Complaint, and deny as many as possible.
  • Include a section where you state your affirmative defenses.
  • File an Answer with the court and send a copy to Avante USA.

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:

1. Respond to each claim listed in the Complaint

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:

  • Deny
  • Deny due to lack of knowledge
  • Admit

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.

Prepare your Answer document for free with SoloSuit—in minutes!

2. State your affirmative defenses

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:

  • Avante USA has the right to sue you.
  • You are the person who owes the debt.
  • You owe the exact amount alleged in the Complaint.

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.

With SoloSuit, you can make the right affirmative defenses.

3. File the Answer in court, and send a copy to Avante USA

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.

SoloSuit can help you file your Answer in all 50 states.

Overview of What You Should Do If Avante USA Takes You To Court

Here's a summary of what to do if you have a debt collection lawsuit filed against you:

  • Write down details of any phone calls from the debt collector before 8 AM or after 9 PM. Also, note if the debt collector contacts you at work or uses offensive language.
  • Draft an Answer document where you respond to each claim listed in the Complaint or Petition.
  • In the Answer, think about raising one or more affirmative defenses, such as the statute of limitations. You also should insist that Avante USA give you proof of the amount owed and that you are the one who is legally responsible for the debt.
  • Be sure to file an Aanswer within the timeframe the cCourt gives you.
  • Send a certified copy to Avante USA and request a return receipt.

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.

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)

Settle your debt with Avante USA

If you're being sued for debt, it isn't too late to settle.

After you've filed an Answer into your court case, reach out to the attorney listed on the Summons and Complaint to negotiate a settlement. Here are some tips on how to negotiate:

  • Make a realistic offer, considering they will likely counteroffer.
  • For junk debt buyers, settlements of 10-35% of the total debt are typical, while original creditors may accept 50-75%.
  • If you propose a payment plan, ensure it's realistic for your budget.
  • Paint a picture of your financial hardship to the creditors or their lawyers.
  • Show proof of your limited ability to pay, like being on Social Security, facing multiple debts, or having wage garnishments.
  • Avoid threatening bankruptcy if you don't mean it, as this empty threat is often ineffective.
  • Be truthful about your financial situation, as creditors often have detailed information about you.

In the following video, we interview a former Avante USA debt collector who share tips and tricks on how to settle debt:

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The Ultimate 50 State Guide

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