Smyrna, TN asked in Bankruptcy and Consumer Law for Florida

Q: How do I get Midland Funding to drop a lawsuit for a Walmart credit card debt against my elderly aunt?

She was served with a summons to appear for a court date. Her and my uncle live on social security only, have no assets but a 2002 Dodge they use to go back and forth to the store. She called Midland Funding to tell them this and they insisted that she will still have to go to court, but to avoid that, they will settle for $1000 payment or she will have to pay the minimum $50 a month. She can't afford this and going to court would be a huge stressor for her. I don't know why they would not drop the lawsuit, they can't seize her income because it's 100% social security and she has no money and the car falls well under her $4k personal property exemption from judgement. How can I get them to drop this and stop harassing her?

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1 Lawyer Answer
Timothy Denison
Timothy Denison
  • Bankruptcy Lawyer
  • Louisville, KY

A: Hire a local debtor creditor lawyer to handle for her. Depending on the amount of the debt, they can probably resolve it for 25-50% of the face value of the debt.

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