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I have an old Walmart credit card debt that had a limit of $600 back in June/2012. I just found out that I have a judgment against me dating back to 5/16. I haven't heard from anyone and supposedly a Midland Funding had the judgment against me. I received a very short letter in the mail the other day from a place called APH Aldridge Pite Haan wanting $1,014? They are saying that the firm represents Midland. I asked for validation in a certified letter but received one piece of paper of a copy of a WRIT OF FIERE FACIAS, it does not show me any thing else. What should I do please, can someone help? 3/19

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I think the writ is enough to satisfy the validation requirement. It simply means that the sheriff should put a lien on good you own. In the USA, that usually means a lien on any real estate because it is usually too expensive to take personal chattel.

That said, the time has past to fight the judgement and if you do not pay, they will attempt to take any bank accounts you have and garnish your wages if you have any. You could offer the original amount of the judgement to satisfy it BUT they are not under any requirement to negotiate because they now have the power and you really have nothing to use against them. Your only other option is to get the funds together ASAP.

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@MichelleW I have merged all of your posts into this one. Please don't start multiple threads for the same question. 

As far as what to do, the only thing you can do is try to get the judgment set aside for defective service. If that's successful, I would then pursue arbitration as the means to deal with the lawsuit. Walmart uses Synchrony for their credit cards and they have one of the best arbitration agreements in your favor. Read the first few posts of this thread for how arbitration works when dealing with a JDB like Midland. 

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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I apologize for the multiple post, I was receiving a error message I thought it wasn't working properly. Replying to what you have said about getting it thrown out for defective service? What do you mean by this? I'm sorry I'm clueless to all of this. I currently do not work, but I home school. The only income that has my name on it at all is in care of my disabled son. His income is deposited into my account only for him. I don't really have any thing else. 

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2 minutes ago, MichelleW said:

Replying to what you have said about getting it thrown out for defective service? What do you mean by this?

They sued you and won.  Were you ever served with papers stating you were being sued?  If not then the service MAY have been defective and therefore you can have this judgment vacated meaning they have to start over.

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Actually I was served. I went to the court house to get something worked out and the lady that worked there put in a request of some sort (payments) and then she said that I would have to wait to see if they would approve it but they never responded back. 

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4 minutes ago, MichelleW said:

Actually I was served. I went to the court house to get something worked out and the lady that worked there put in a request of some sort (payments) and then she said that I would have to wait to see if they would approve it but they never responded back. 

UGH.  That means you were properly served and did not defend the case.  Getting it dismissed now is virtually impossible.  Your best hope is to settle because there is a slim chance your son's money is not protected from being seized from the bank account if your name is on it.

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I tried to do the right thing. They just wouldn't respond back to me. :(

On my credit it says I owe $600, but they have me owing $909 +$105 court fees. 

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Doing "the right thing" is the wrong thing when dealing with these people.  You thought they would act in good faith, but they did not.   You ended up with a default judgment because you trusted them.  Always get an agreement in writing before paying.

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I just read that if my son's social security disability check is deposited into my account by the social security administration then they can't touch it only funds that were not from them. Is this true? 

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1 hour ago, MichelleW said:

I tried to do the right thing. They just wouldn't respond back to me.

You tried the right thing but used the wrong method.  The court house is not where you make a settlement offer.  The court clerk has NOTHING to do with that.  You needed to contact the lawyers office directly.  They were free to ignore you or decline.  When that happened you had to show up to court.  You didn't so they got a default judgment.  All of that is moot now.  They want to collect and GA is creditor friendly.

1 hour ago, MichelleW said:

On my credit it says I owe $600, but they have me owing $909 +$105 court fees.

GA allows post judgment interest.  So after 2 years you have the debt, court fees, and post judgment interest which would make the amount they are asking for about right.

51 minutes ago, MichelleW said:

I just read that if my son's social security disability check is deposited into my account by the social security administration then they can't touch it only funds that were not from them. Is this true?

UP to 2 months worth of SSI disability is exempt from bank levy.  The problem is it is your son's money.  Once it is in your account it may be just money.  To be safe call a GA consumer attorney and verify through them that the funds are exempt.  You do not want to find out the hard way it wasn't protected and there were steps you could take to shield it but didn't.

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1 hour ago, MichelleW said:

I just read that if my son's social security disability check is deposited into my account...

I would set up a completely separate account in your son's name and have the funds deposited there. That way it won't matter if there are 2 months or 2 years worth of payments in there. 

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But the account being in your name is the problem. I think you could be a signer on the account without subjecting it to seizure. 

I agree with clydesmom. You should talk to a lawyer at this point. 

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1 hour ago, MichelleW said:

 It only has his check going into it, but because he has to have a payee I have to have my name listed. 

SSDI is exempt from bank levy for civil debts.  The problem is:  your son receives disability not YOU.  The debt is yours.  YOU are not on disability.  If the account is a joint account then it is possible because he is a minor that once deposited it is just money for you as his parent to use for his care.  To be certain that it is indeed exempt you need to speak with a consumer attorney ASAP.  Most will do a consult for free.  

They have sent you a WRIT.  They are intent on collecting.  This is NOT the time to assume anything.  If you bury your head in the sand and assume you are safe you could find out the hard way that you are not and end up in a bigger financial mess.

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