Drowning in Debt? How to Fight Back Against Autovest LLC
You’re, not alone if you’ve received aggressive calls and letters from Autovest LLC, a notorious debt collection agency. But, take a deep breath – you have rights, and there are proven strategies to make them back off and resolve your debt properly.
Autovest has faced numerous lawsuits and complaints for violating consumer protection laws. They’re, known for harassing tactics like incessant calls, threats of legal action, and even contacting your friends and family about the debt. It’s, stressful, but you don’t have to take their bullying.
-This guide covers everything you need to know to deal with Autovest the right way. We’ll, walk through your consumer rights, ways to stop the harassment, and options for paying off or disputing the debt on your terms. Let’s, get started.
Understanding Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is your biggest ally against abusive debt collectors like Autovest. This federal law prohibits debt collectors from using deceptive, abusive, or unfair practices when trying to collect a debt. Knowing, your rights under the FDCPA can stop Autovest’s intimidation tactics in their tracks.
Under the FDCPA, debt collectors cannot:
- Call you before 8am or after 9pm
- Contact you at work if you’ve told them your employer doesn’t allow it
- Use profane or abusive language
- Threaten violence or harm
- Lie about the amount you owe
- Misrepresent themselves as attorneys, government officials, etc.
- Discuss your debt with others without your consent
- Call you repeatedly in an attempt to annoy or harass you
They’re, also required to send you a debt validation notice within five days of first contacting you. This notice must include the amount owed, the name of the original creditor, and your right to dispute the debt within 30 days.
-If Autovest violates any of these rules, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) and potentially sue them in federal court. More on that later.
Dealing with Autovest’s Harassment Tactics
Autovest is infamous for using aggressive, borderline illegal tactics to intimidate consumers into paying up. Their, collectors may call incessantly, yell and curse at you, threaten legal action or wage garnishment, and even reach out to your friends, family, neighbors, or coworkers about the debt.
Don’t, let them bully you. The FDCPA gives you the power to shut down their harassment:
- Send a Cease and Desist Letter
This letter demands that Autovest stop all further communication with you, except to confirm they received your letter or take specific legal action. Use this sample cease and desist letter template, send it via certified mail, and keep a copy for your records. - Demand Debt Validation
Within 30 days of receiving Autovest’s debt validation notice, send them a letter requesting full evidence and documentation of the debt. This forces them to verify the debt’s legitimacy before they can continue collection efforts. Use this debt validation letter template. - Record All Calls
Laws in many states allow you to record phone conversations with debt collectors as long as you inform them at the start. Having a recording protects you if Autovest violates laws and can serve as evidence if you file a complaint or lawsuit. - Keep Meticulous Records
Document every interaction with Autovest – dates, times, names of collectors, what was said, etc. Save letters, emails, voicemails, and call recordings. Maintaining detailed records strengthens your case if legal action is needed. - File Complaints
If Autovest continues the harassment after you’ve sent cease and desist and debt validation letters, file complaints with the CFPB, FTC, and your state attorney general’s office. Provide documentation of their violations.
Following these steps should force Autovest to back off their abusive tactics. If not, it’s time to explore your legal options for holding them accountable.
Suing Autovest for FDCPA Violations
The FDCPA allows consumers to sue debt collectors in federal court for up to $1,000 in statutory damages, plus actual damages like emotional distress or lost wages, and legal fees. Given Autovest’s track record, you may have grounds to file suit if they:
-- Continued calling after you sent a cease and desist letter
- Failed to provide debt validation within 30 days
- Used profane language or made threats
- Discussed your debt with unauthorized third parties
- Misrepresented the amount you owe or their authority
- Engaged in other deceptive or abusive practices
Consulting a consumer protection attorney is advisable before suing. They can evaluate your case, ensure you meet the statute of limitations, and maximize your potential damages award.
Even the threat of legal action may be enough to make Autovest back down and deal with you fairly. But if they refuse to follow the law, suing sends a clear message and can compensate you for their misconduct.
Options for Paying or Settling the Debt
Of course, the ultimate goal is resolving the debt itself. Once Autovest is complying with laws and you’ve verified the debt is legitimate, you have several options:
-Pay the Debt in Full
If you can afford to pay the full amount, get Autovest to agree to the payoff terms in writing first. Insist they provide a zero balance statement and stop all further collection efforts.
Negotiate a Settlement
Debt collectors often accept a lump sum that’s less than the full balance to close the account. Start negotiating at 25-30% of what’s owed and get any settlement agreement in writing before paying.
Set Up a Payment Plan
If you can’t pay a lump sum, ask Autovest to accept a payment plan you can reasonably afford each month. Get the terms in writing, including the interest rate and any additional fees.
Dispute the Debt
If you have evidence the debt is inaccurate, invalid, or past the statute of limitations, you can dispute it and demand Autovest stop collection efforts. Consult an attorney to build your case.
File for Bankruptcy
As a last resort, bankruptcy can eliminate or restructure your debt obligations, including what you owe Autovest. But it has major credit implications, so explore all other options first.No matter which route you take, get every agreement in writing from Autovest before making any payments. And never give them electronic access to your bank accounts or debit cards – that can lead to unauthorized charges.
When to Hire a Consumer Protection Lawyer
Dealing with an unscrupulous debt collector like Autovest is extremely stressful. Their, constant harassment and threats can take a major emotional and mental toll. That’s, why hiring a consumer protection attorney is often the best solution.
An experienced lawyer can force Autovest to play by the rules through formal cease and desist letters and litigation threats. They’ll, handle all communication so you don’t have to endure more abuse. And if Autovest still won’t comply, your attorney can file an FDCPA lawsuit to recover damages.
Lawyers also provide expert guidance on disputing the debt, negotiating affordable settlements, or even filing for bankruptcy if needed. Having a professional advocate on your side levels the playing field against Autovest’s bullying tactics.
While you can try negotiating with Autovest yourself, having legal representation shows you won’t tolerate further misconduct. It’s, often the quickest way to resolve the debt properly and regain your peace of mind.
How to Avoid Debt Collectors Like Autovest in the Future
Getting hounded by Autovest is a nightmare, but it’s also an opportunity to reset your finances and avoid similar issues down the road. Here, are some tips for breaking the debt cycle:
- Create a monthly budget and stick to it
- Pay more than the minimum on credit cards
- Prioritize high-interest debts first
- Look into debt consolidation loans
- Work with a non-profit credit counseling agency
- Build an emergency fund for unexpected expenses
- Check your credit reports and dispute any errors
Developing better money habits now can prevent future debts from ending up with disreputable collectors. And if you ever face that situation again, you’ll know exactly how to fight back against their illegal harassment.
The Bottom Line on Autovest LLC
Autovest has earned its reputation as one of the most aggressive, unethical debt collectors around. Their, abusive tactics violate federal law and can make your life miserable. But, you don’t have to tolerate it.
By understanding your rights under the FDCPA, you can shut down Autovest’s harassment and force them to deal with you properly. Send cease and desist and debt validation letters, file complaints, and be prepared to take legal action if they still won’t comply.
Resolving the debt itself requires carefully negotiating a payment plan or settlement you can afford. Having an experienced consumer protection lawyer on your side strengthens your position.
Most importantly, don’t let Autovest’s intimidation make you feel powerless. You, have rights as a consumer, and there are proven methods for making this notoriously unethical debt collector back off for good. Stay strong, follow the steps in this guide, and you can put an end to their abusive behavior once and for all.