Sorry, I don't have a clue where else this could go.
I need help RIGHT NOW. Please read all of this before responding.
I lived with my father up until two weeks ago. We have the same name, Jan Zatloukal.
I received a collections letter on November 5, 2008. It was a generic collections letter (e.g. you have thirty days to respond blah blah blah). Two
days later (November 7, 2008) I received another letter from the same agency for a JAN ZATLOUKAL and ZANNA ZATLOUKAL. My step-mom’s name is Zuzana
(must have been a typo, right?) The account number was the same for both letters.
Anyway, the second letter said the following:
ACCTCORP INTERNATIONAL
ADDRESS
DATE: 11/07/2008
JAN ZATLOUKAL
ZANNA ZATLOUKAL
ADDRESS
COLLECTION AGENCY FOR: COMMERCIAL CONSULTANTS/US BANK VISA CARD
Unless the full amount of $1,090.53 is received on or before 10 days from this date of this letter, the file will be turned over to our attorney for
the filing of a lawsuit.
If it is necessary to file suit, Idaho Code Section 12-120 provides any court action filed on the above account(s), reasonable attorney fees shall be
allowed by the court to the prevailing party as costs, if the defendant fails to pay the monies owed, provided such demand is made upon defendant not
less than 10 days prior to the commencement of court action.
In addition, if applicable, provides for the collections of the face amount of the check and collection fee of $20.00 per check if the account is paid
prior to or after any court actions. This check charge is in addition to reasonable attorney fees, should court action be filed.
Cash or money orders only, NO CHECKS ACCEPTED. Please include your account number with your payment and mail to the address above.
Account # 12345
ACCTCORP INT.
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
On November 14, I sent them the following:
5 December 2008
Jan Zatloukal, Junior
Address
To ACCTCORP INTERNATIONAL
ADDRESS
Regarding “Account # 12345”
I am in receipt of your “NOTICE” dated 11 November 2008 regarding an OUTSTANDING DEBT in the amount of $1,090.53. You claim that I have a debt
owed to your company. I will accept your letter of alleged debt upon condition of receiving:
1. Proof of indebtedness
2. Full disclosure of the alleged debt (a legal requirement of any contract)
3. Full accounting of the alleged debt with complete payment history starting with the original creditor or service provider (general ledger
statement)
4. The original promissory note (front and back) signed by myself
5. Original proof of purchase of the alleged debt from “original creditor”
6. Proof that a credit card contract, loan, service contract or any other debt instrument is transferable
7. Proof of the ORIGINAL CONTRACT (between your company and me) signed in blue ink.
8. Proof of existence of the “Original Contract” between the “Original Creditor” and myself
9. Proof of my authorization to access my “credit bureau” without my written consent
10. Proof of my authorization from "original creditor" to sell my account
11. Prove that “creditor” (US BANK) charter is to engage in consumer lending
12. Proof of valid license to collect debt in the State of Idaho
13. Being a collection agency, explain why there is no authentic "hand written" signature attached to the letter of "debt owing".
I demand that all of the above conditions be met and presented in Affidavit format sworn under oath or attestation, under penalty of perjury and upon
your full commercial liability. Due to the urgency and seriousness of this allegation, I will give you ten (10) days to respond. If I do not receive
such a response conforming to the above criteria within ten (10) days of the date of this letter, it will be deemed a tacit agreement by your
acquiescence that the debt is null and void and non-existent.
Also, I demand removal of any reference on this account to "ZANNA ZATLOUKAL". I have no idea who this person is and why you would connect him or her
with me is a mystery.
Sincerely and without malice, afterthought, ill will, vexation or frivolity,
Signed:
x________________________________
All Rights Reserved, non-assumpsit, without prejudice
For: JAN ZATLOUKAL, JUNIOR
Address
According to the certified mail tracking, they received the letter on November 17, exactly 10 days after their letter.
I am no longer living with my father, but yesterday (December 4, 2008), he received a Summons from Acctcorp’s attorney, Charles C. Crafts. It is
dated November 18, 2008. It lists JAN ZATLOUKAL AND ZANNA ZATLOUKAL as the Defendants and JP DEVELOPMENT, INC. DBA ACCTCORP INTERNATIONAL as the
Plaintiff.
FOR CAUSE OF ACTION THE DEFENDANT(s), THE PLAINTIFF ALLEGES THAT THE DEFENDANTS(s) IS A RESIDENT OF THE STATE OF IDAHO COUNTY OF ADA AND IS
INDEBTED TO THE PLAINTIFF BY REASON OF AN OPEN ACCOUNT BASED ON CONTRACT, CONTRACT IMPLIED AT LAW, OR CONTRACT IMPLIED IN FACT AND ASSIGNED TO THE
PLAINTIFF FOR COLLECTION.
I don’t know what to do from here. I have proof that they received my letter on the 17th, within their time frame, and yet they still sued (me?). I
don’t even think they know who they’re suing…they seem to think my father is me, considering they are including (allegedly) his wife.
The first letter I received (the generic collections letter) stated I had 30 days to respond or they would assume the debt was valid. Well, two days
after they sent that they sent me the letter saying they were going to sue me if I didn’t pay within 10 days. And the second letter seemed to be for
a different person, but had the same account number and the same dollar amount. Assuming that the two accounts are the same and they are just lazy
SOBs, I was not given the 30 days I was promised and am entitled to by statutory law (The Fair Debt Collection Practices Act).
I’m so incredibly confused. I can’t afford a lawyer, so what am I supposed to do from here? I need help NOW.
[edit on 12/4/2008 by iceofspades]
[edit on 12/4/2008 by iceofspades]
