Universal Savings Bank, Midland Funding and Frederick J Hanna

It likely means that they will not be able to provide any sort of proof and you can have the case dismissed. If you send them a DV and they responded by suing, you shouold countersue for that violation.

That's exactly what they did. How would I go about countersuing? And for what violation exactly? Thanks for the help!

Ask the court clerk how to file a countersuit...you would countersue for continued collection activity after a demand for validation...did you ever dispute the midland listing on your credit reports? If so and they verified then that is also continued collection activity....I am betting they represent Midland.

During Discovery ask for all documentation (contract, agreement, statement) and also ask for proof they are acting on behalf of the original creditor as I bet they are only acting on behalf of Midland. Ask for proof that Midland is the holder of the account either a sales slip or whatnot....

Thanks, They've also just sent me a form letter offering to settle the debt. Does that count as contact after a validation request has been made? Isn't that a violation as well? I've already sent my discovery and requested everything you said. On the request for discovery they sent me it says they are Midland acting for Universal. Is stating that they represent a company that no longer exists a violation as well? I get the feeling they are crooked as hell and hoping I'll just roll over.

The settlement offer is considered continued collection activity. On your discovery did you ask for proof they are collecting for Universal?

Did they try to pop an affidavit in the case? They very well may, keep an eye out for it and be sure to object to it as hearsay....you want to ask whoever singed it how they could possibly have personal knowledge of this account...were they there when you signed the account? Were they there when you used said account? etc.

I got served a summons in Georgia and filed an answer to the Court and had my day in Court yesterday. A lot of people were there making deals, two had attorneys. I stuck to my guns and they dismissed the suit without predjuice. There was another guy there and I coached him what to do and they dismissed his as well. They have pre typed papers of dismissal ready just in case someone like me shows up.

You should have fought for it to be dismissed with prejudice, or filed a counterclaim asking for sanctions for them filing a frivolous lawsuit. :)