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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
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
5 December 2008
Jan Zatloukal, Junior
To ACCTCORP INTERNATIONAL
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,
All Rights Reserved, non-assumpsit, without prejudice
For: JAN ZATLOUKAL, JUNIOR
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.
1. The title and number of this case.
2. If your response is an Answer to the complaint, it must contain admissions or denials of the separate allegations of the Complaint and the other defenses you may claim.
3. Your Signature, mailing address, and telephone number, or the signature, mailing address and telephone number of your attorney.
4. Proof of mailing or delivery of a copy of your response to Plaintiff's attorney, as designated above.