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Should I be counter suing? Help!


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Ok- being sued by local lawyer working for Howard lee Schiff by and for Discover. This debt has been passed through many CA's as it was charged off in 06. However when I got the typical first correspondence from Schiff with a local lawyer saying they have been retained by Discover (as all of the previous letters from different CA's has - NCO, OSI...) I immediately DV. 10 days latter I get a summons with a statement from Discover attached. After my 30 days but before my 20 day answer period I answer to the summons denying (with a substantial response from a sticky example) and asking for dismissal because I have not received proper validation.

A second validation letter is sent out (all correspondence sent certified) to both Schiff offices. Still no reply. I send a third letter saying I will counter sue in 15 days. No reply. So I filed a counter for violation of FDCPA and for punitive damages.

Now I feel like I have seen conflicting info in some threads. Some saying treat these lawyers as any CA's with the whole validation workout. But also threads that say that Discover is the OC so their statement is acceptable Validation and I may be poked.

Have I made a mistake here? What action should I take either way? The clerk says the case will not likely get scheduled for a few months. I am feeling like I should to withdraw my counter.

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