Debt Collection Harassment

Summary

The user is being harassed by a debt collection agency for a debt that is past the statute of limitations. The debt is from a washer and dryer purchased in 2018, which were destroyed in a hurricane. The user had insurance on the appliances, but the claim was refused. The user has not made any payments or acknowledged the debt after the statute of limitations period. The user received a Request for Admissions document from the debt collection agency and is unsure how to respond.

Full Conversation

In April I received documentation from the clerk of court to fill out and return in 30 days. My legal aid attorney helped and found that the stature of limitations was up. We responded with this and filed it with the clerks office. I also sent a copy to the law firm. I had not heard anything for weeks when they sent a letter wanting me to make a small payment which I ignored. Then Monday i received a Request for Productions of Documents abd Interrogatories from the law firm. They want it filed out within 30 days. However, this has not been presented at the clerk of courts office, it just came through the mail. I feel as if they are harassing me just to get me to make payments so they can get a judgement. How can they be doing this when the stature of limitations are up. This item was purchased in *. I lost it in the hurricane. I had purchased insurance on itbut they refused to pay. This is the issue that started the debt collector to take over. What do i need to do? I am a senior and feel lost and confused.
What state are you located in? The statute of limitations for debt collection varies by state.
North Carolina, it is 3 years. My legal aid attorney has already sent the documentation in to the clerks office with that information.
What is the nature of the debt? This can affect the statute of limitations. In North Carolina, the statute of limitations for most debts is 3 years.
I ourchased a washer and dryer in *, right before the storm hit. I lost my roof in the storm and everything i owned was destroyed. Mold and mildew set in and everything had to be removed by by restoration team. I calked Conn and told them because i had purchased insurance on the washer and dryer and they refused to pay. If insurance you purchase will not help you in a hurricane, what good is it?.
What type of insurance did you purchase for the washer and dryer? It's important to understand the terms of your policy, as some may not cover damage caused by natural disasters.
I do not have that information. I lost everything in the storm. I do believe it covered but they just didn't want to cover it. My problem with all of this is why do i have to do this now. The stature of limitations is up. Why am I having to answer these questions when NC Gen Stat *-*
Did you communicate with the insurance company about the refusal of your claim? It's important to understand the terms of your policy, as some may not cover damage caused by natural disasters.
The insurance was taken out by Conn the seller. I talked to everyone they allowed me to. But, why does this matter now. They are trying to collect a debt unlawfully.
Did you receive any written communication from the insurance company or Conn regarding the refusal of your claim?
No, they did not want to go that route. You have not answeredmy question. Why am i having to deal with this 5 years later. If they wanted to do something they had 3 years.
Did you receive any official court documents or notices about this debt after the *-year statute of limitations period in North Carolina?
Yes, like i said in March they sent a document for me to fill out and return to the clerk of court, answer to complaint. When my legal aid attorney help me fill it out, he discovered the stature of limitations was up. We filled out the paperwork stated this and filed it. Conns has not filed anything else with the clerks office. They are just sending me letters and documents through the mail to fill out. The last one i received was the Request for Admissions but it eas from the debt collector not the court. It was delivered in the mail. After the legal aid attorney let them know it was past the stature of limitations they have not filed anything else with the court. I checked today.
What is the name of the debt collection agency that is contacting you?
SMITHDEBNAM they are a law firm. I believe they are trying to scare and harrass me
What is the exact amount they are claiming you owe?
*,*.*
What was the date of the last payment you made towards this debt?
July * or Aug *
Did you make any payments or acknowledge the debt after July/August *? This is important as any payment or acknowledgment can reset the statute of limitations.
No
What was the date of the last communication you received from SMITHDEBNAM?
Monday the document they want me to fill out Request gor Admissions. They also sent something in June trying to get me to make a payment
Did you acknowledge the debt in any way in your last communication with SMITHDEBNAM? Acknowledging the debt can potentially reset the statute of limitations.
No
Did you sign any agreement with SMITHDEBNAM or make any promise to pay after the statute of limitations period?
No
What is the exact date you received the "Request for Admissions" document from SMITHDEBNAM?
Monday July *, *
What is the exact nature of the "Request for Admissions" document you received from SMITHDEBNAM?
I do not know what this is. I am lost
"Request for Admissions" is a set of statements sent from one party to another in a lawsuit for the purpose of having the latter admit or deny the statements or allegations therein.
Sounds right
What should i do
Did you consult your legal aid attorney about the "Request for Admissions" document you received from SMITHDEBNAM?
They cannot help me now because of funding
What is the exact nature of the "Request for Admissions" document you received from SMITHDEBNAM?
Like I said, Ido not understand it.
Can you share some of the statements or questions from the "Request for Admissions" document that you received from SMITHDEBNAM?
Yes
What are some of the statements or questions included in the "Request for Admissions" document you received from SMITHDEBNAM?
It is asking for my name and address. My employment places i have done business with,
What is the exact date on the "Request for Admissions" document? This can help determine if it's within the legal timeframe.
JULY *, *
What is the exact nature of the debt you owe? Is it a credit card debt, a personal loan, or something else?
The questions on this gorm is ridiculous. Do i have to give them this information?
What is the nature of the information they are asking for in the "Request for Admissions" document? In general, you are required to respond to such requests in a lawsuit, but you can object to any questions that are irrelevant, overly broad, or privileged.
For
What is the exact nature of the debt you owe?
I purchased a washer and dryer with Conns
What was the total cost of the washer and dryer when you purchased them from Conns?
*.*
Did you ever receive a court summons or any official legal documents regarding this debt from the court?
I had just bought it when the hurricane hit
Did you inform Conn's about the damage to the washer and dryer due to the hurricane?
Absolutely
Did you have any written communication with Conn's about the damage to the washer and dryer?
No they didn't want to discuss it. I tried many times to talk to them. The pronkem i am having is why are they still trying to collect after 5 years. They have been informed about the stature of limitations. Why are they continuing to harrass me
Did you ever acknowledge the debt or make any payments after the statute of limitations period? This could potentially reset the clock on the statute of limitations.
No
Did you ever receive a written notice from the debt collector, SMITHDEBNAM, about the debt they are trying to collect?
Yes in march, 5 years later
What was the content of the written notice you received from SMITHDEBNAM in March?
Like i have said they sent a complaint to the clerk of court. My legal aid attorney filed it out stating the dtature of limitations was up and they were trying to collect a debt unlawfully
Did you receive any response from the court or SMITHDEBNAM after your legal aid attorney filed the complaint stating the statute of limitations was up?
SMITHDEBNAM only contacted me by mail wanting me to make a payment and the this document i received Monday but nothing from the clerk of court. I checked today and nothing has been filed since my legal aid attorney sent the answer to the complaint back stating the stature of limitations was up
What is the exact date when your legal aid attorney sent the answer to the complaint back stating the statute of limitations was up?
April * *
Did you receive any written confirmation or receipt from the clerk's office when your legal aid attorney filed the answer to the complaint?
Yes i took it and handed them a copy, i gave one with me . I sent Smithdebram a copy, certified mail
They have fone anything with the court system since we filed our copy. What they are doing is harrassing me trying to make me send a payment or fill out papet work to make a mistake
Should i fill out this Request for Admissions. Can i just put on all question the statue of limitations is up
What is the exact nature of the questions in the "Request for Admissions" document? It's important to consult with a legal professional before responding to ensure you don't inadvertently reset the statute of limitations.
We have been over this . I will check back later. I am tired and am typing mistakes
Did you ever sign any agreement with Conn's or the insurance company that could potentially affect the statute of limitations?
No
Did you ever receive a written notice from SMITHDEBNAM about the debt after your legal aid attorney filed the complaint stating the statute of limitations was up?
Yes, they were trying to get me to make a payment
What was the date of the last communication you received from SMITHDEBNAM trying to get you to make a payment?
June *
Did you respond to their communication in June * or make any payment?
*
Did you acknowledge the debt in any way in your communication with SMITHDEBNAM in June *?
No
What is the exact content of the communication you received from SMITHDEBNAM in June *?
I really do not remember
Can you provide any details about the communication you received from SMITHDEBNAM in June *?
Just answer this, what does any one this matter if the statue of limitation is up
Did you acknowledge the debt or make any payment after the statute of limitations period ended? This could potentially restart the statute of limitations.
No
Did you ever receive a written notice from SMITHDEBNAM about the debt after your legal aid attorney filed the complaint stating the statute of limitations was up?
If they had info like that, they would have already taken me to court
What is the exact content of the last communication you received from SMITHDEBNAM?
This form they sent for me to fill out
What is the exact nature of the "Request for Admissions" document you received from SMITHDEBNAM?
Do i have to fill this out for the law firm that is trying to take me to court
What is the exact date you received the "Request for Admissions" document from SMITHDEBNAM?

Generally, you should respond to legal documents to avoid potential default judgment. However, consult a lawyer for specific advice.
Monday * *
What is the deadline mentioned in the "Request for Admissions" document for you to respond?
30 days
What is the exact nature of the questions in the "Request for Admissions" document?