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How to dismiss?

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I have 2 question at the bottom about how to procede to the next step.

I am currently being sued by Profit Rcovery a$$.

Some history is needed to fully understand the situation.

the History:

I recevied a "Welcome to Portfolio Associates" letter on 5/14/2007 for a credit card with Washington Mutual. I never opened an account with them.

I DVed within 30 days and have the signed Retrun receipt.

My DV letter also stated "I have never opened an account with the institution listed on notice."

I never received a reply to my DV.

I did not followup after 30 days because we had just purchased a house and were going through all the inspection, closing, moving in stuff. Then my wife had heart failure, nearly died, had heart surgery and recovery, now we are well into 2008. And at this point my priorities are far from worrying about my credit report and CAs.

move ahead another year...

I was served with lawsuit papers on 7/28/2009 for the WAMU CC on the notice received in June 2007. I responded to the complaint stating I "generally and specifically"denied all allegations.

Yes, this is a long story, I am getting to my point.

A month after I filed my answers to comaplaint and sent them to the attorney, I receive Plaintiff's first request for production of documents, first admissions and first interrogatories. One exhibit they had was a letter the attorneys allegedly sent in June 2009, which I never saw. The other was a statement dated 01/??/2006 from PayPal, it states "account issued by Washington Mutual Bank" and the balance was $2400+. (the lawsuit is for $1500) At the bottom of that statement it had "visit our website at www.providian.com"

Getting to the point now...

The Providian.com made me recall something from 2005.

I had sent a letter to Providian Financial in regard to 2 phone calls I received at the end of 2004 for a credit card account that was not mine. The second caller told me I had verified the account during first call by giving my adress, and I could/should send a complaint to their Resolution Dept. I did just that sating it was not my account.

To my amazement I got a letter back from them in less than a month 2/16/2005, that stated there were discrepancies in the acct information, and they could not validate it had been correctly established under my name. AND they updated the account status to "Closed - Paid and Balance $0"

and states "Please keep this letter for your records" Luckily I did.

OK and now the point and questions...

The account number on those 2 providian letters is the same as the account number on this current lawsuit from Washington Mutual.

It did not occur to me in 2007 that the WAMU account was actually this Providian account. If It had occured to me, I would have resonded differently in 2007 and to the complaint.

I found while researching this that WAMU acquried/bought Providian at the end of 2005. I checked the BIN in the CC account number and it identifies Providian.

I sent copies of those letters back with the INTERROGATORIES, for the question asking me to "identify and list all documents" that support my contentions rgarding this case.

and finally, my question...

I am in North Carolina.

I want to ask the court to drop/dismiss the suit based on these 2 letters.

How do I do that? Submit a motion to Dismiss?

Or should I send a letter to the law firm to tell them to drop?

When does some one actually look at the documents I filed as responses?

Is ther a site with the "rules of the road" for NC civil court procedures?

Thank you for reading this far.

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