I need legal help, NOW.

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]

#1..NEVER POST PERSONAL INFORMATION HERE.
#2, even though you opened the letter, it was clearly a debt in your father's name. He needs to act on your behalf to clear you as owing the debt.

I didn't post any personal info.

The alleged debt is considered mine, from a card I stopped paying about a year ago.

[edit on 12/4/2008 by iceofspades]

reply to post by iceofspades


Alleged debt?
Either you owe it or you do not. There is no fuzzy gray area, unless you are a victim of Identity theft, which may be hard to prove.
You may HAVE to afford a lawyer.
FYI: Your letters would be considered personal.

reply to post by iceofspades


If it is your card and you stopped paying, it isn't an alleged debt; it is a real one. And, unless, like AccessDenied said, unless the debt resulted from identity theft, you are responsible for the debt.

Now, I can understand the frustration about the timing of the letters, but it seems that the debt is yours, you incurred it, you didn't pay it, and now you owe it.

As for the timing of the letters, you may need to consult an attorney (most consultations don't cost anything....unless you hire the lawyer to represent you) as to whether the collection agency was within their legal rights to file suit to collect the debt in the timeframe in which they did.

It is an alleged debt. There most definitely IS a gray area. Basically, I asked them to provide proof that the debt they claim I owe them is legitimate. It is not. At the very basic level, third party debt collection defies the requirements for a valid contract. I've used the similar letter I sent above to get rid of thousands of dollars in debt (it works.)

There are whole books written about the method I am applying, namely one by Mary Croft. Most do not even realize how the collection system (not to mention the credit system) works and therefore are pawns in it's game.

This company, however, seems to be working completely out of the realm of the Fair Debt Collection Act, and it doesn't even seem to know who they are suing. I just need help from here since I've never encountered this problem.


[edit on 12/4/2008 by iceofspades]

Just a thought, when they asked for cash or money order only and no checks, that throws up a red flag for me. If you or your father dont know who this company is then maby they are trying to scam you and scare you into sending the money.... Just a thought

It's possible, but I received a summons which was stamped by the County Clerk's office, and I'm thinking even that would be going too far for a scam.

Here's what my response must contain:

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.

Shouldnt they give you a few days grace
thats the way it is here