Please,can someone offer advice or help?

[prdamrcn]

I am new here and need advice/help.
I was served by sherrif a summons on 12-01-08. Attorney is suing for credit card debt.The attorney sent me first letter of contact in regards to account on 10-22-08. On 11-18-08 I sent over night mail with delivery confirmation & signature confirmation my validation request disputing the debt.It was signed for at their office on 11-19-2008, so on the 28th day from date of first contact they got my DV request.Two days later the attorney's office filed a claim against me in my county on 11-21-08, which was ON the
30th day from original contact letter, so within my 30 days to dispute.They also sent NOTHING in response to my request for validation and dispute of balance.I am trying to figure out:
1) How to answer the summons.The attorney has statements such as plantiff owes xxxx so much $, plantiff is in default, original creditor is xxxx and account is now ownded by xxxx, plantiff requests interest at 8% starting from 10-18-08. From what I have read I should answer deny,agree, or without information?? What else do I put in my answer?Do I elaborate?
2)I am sure the date of last payment on the account was 05-2005 and can get my bank statements to verify all payments made up to 05-2005 and then bank statements showing no more payments but as far as statements and such go for account I have none and OC will not even speak to me about providing any and I did request such proof from attorney and as stated, they filed a claim without sending me any information. Creditor has listed on all 3 credit reports date of last payment 12-2005, I disagree, BUT also on Equifax where it has colored coded boxes below each account to show your payment history it shows my account went delinquent as of 05-2005,correct, and charged off 09-2005 so would this be something I could use?I read I can force the attorney to prove date of last payment, is this true and what do I file,how and when? I live in NC and as far as I understand the SOL is 3 years so in forcing them to provide proof of date of last payment it would show 05-2005 and therefor SOL expired.
3)Can I file a counter claim since they never validated the debt within 30 days and instead filed suit 2 days later? In initial letter they stated OC creditor and their client bought and now owned the account, my name and $ owed.Any references to FDCPA I can use?
4)Is it not illegal to file a claim within my 30 day period to dispute? They filed on 11-21-08 and original letter dated 10-22-08 so ON the 30th day they filed the claim.Is this illegal,I know it is called overshadowing. If illegal any references to prove it is illegal?
5)On my summons it states my case is mandatory non-binding arbitration, so does this mean the plantiff and I will meet with an arbitrator and if nothing is worked out the plantiff can then take me to court?How does it work?
I am so lost and confused I have searched online nonstop since getting my summons every thing I come across, read so many laws and I am just still confused by all the lingo and what to file and when.I read I should file Interrogatories? but not sure how,what form, when, or even correct?? Someone mentioned filing a Motion For a More Definite Statement or a Motion to Dismiss for failure to state a claim?? If anyone can be so kind to offer help I so apprecite.I tried locating a lawyer near me and can't find any even sort of close that deals with consumer debt/credit besides one and he said he felt I did have a counter claim but it was not worth his time and was very rude and hung up.Help.....please....

[Enigma]

Who is the OC and what state are you in?

[prdamrcn]

OC is Sears and I live in NC.

[Enigma]

Post exactly what the complaint states, sans your personal information.

[prdamrcn]

My scanner is not working so I will type it all:

Dirstrict Court

The plantiff,complaining of the defendant,alleges and says as follows:

1.The plantiff is a limited liability company organized under the laws of the state of Delaware, with a principal office and place of business in Las Vegas,Nevada.

2.The defendant is a resident of XXX County,North Carolina.

3.The defendant had an account with Sears bearing the account number XXXXXXXXXXXXXXXX.

4.The defendant was in default with respect to that debt, in that said defendant failed to make the payments required.

5.The debt was subsequently sold and assigned to LVNV Funding LLC, the plantiff herein,and LVNV Funding LLC is now the owner of the account.

6.The defendant is now lawfully indebted to the plantiff in the sum of $1012.33 with interest thereon from and after October 18-2008.

7.In spite of repeated demands by the plantiff, the defendant has failed and refused and continues to fail and refuse to pay this just debt.

WhEREFORE, the plantiff prays the Court as follows:

1.That the plantiff have and recover from the defendant the sum of $1012.33.
2.That the plantiif further have and recover from said defendant interest on said sum at the legal rate of 8% from and after Ocotober 18,2008 to the date of judgement, and at the rate of 8% per annum thereafter until paid.
3.That the olantuff futher recover from said defendant all costs of this action.
4.For such other and futher relief as the Court my deem just and proper.

ARBITRATION CASE
Under G.S. 7A-37.1, this cae is subject to mandatory non-binding arbitration.If assigned to arbitration additional information will be provided.
This notice and any subsequent arbitration notification, does not relieve any part from any legal and procedural requirements.