Today I received a response to my Request for Production. Within the documents, they resent the affidavit, statements (only from when it was sold to them), and Terms of agreement page (not original application or signature). I need to know if I should respond back to the response.
Who is the named plaintiff in the lawsuit?
Midland Credit Management
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Smith Debnam Attorneys at Law
3. How much are you being sued for?
$571l26
4. Who is the original creditor?
Walmart sold to Capital One
5. How do you know you are being sued?
Served a summons
6. How were you served?
Sheriff'
Was the service legal as required by your state?
Yes
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
None
9. What state and county do you live in?
North Carolina/ Cabarrus County
10. When is the last time you paid on this account?
07/2019
11. When did you open the account (looking to establish what card agreement may be applicable)?
06/2014
12. What is the SOL on the debt? To find out:
3 years
13. What is the status of your case?
Answer filed with Request for Production
Response received from Request for Production
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No
15. Did you request debt validation before the suit was filed?
No
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
30 days (Answer was already submitted. I'm not sure if I need to respond to the response)
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Itemization (just a statement saying I owe $4055), affidavit saying they are an employee of Capital One and all debt is now owned by them, Bill of Sale from Capital One, a charge off statement from 02/2020, “important information about Capital One ” which is not an agreement but a page on how they credit accounts, how they calculate interest, and the billing rights summary, a copy of my last payment in Juky of 2019.
Has anyone dealt with a response after requesting for validati in Nouth Carolina or any state ?
Any advice on how I move forward? Thank you in advance for any help.