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Midland Garnishment PFD??

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erica1021
Valued Member

Midland Garnishment PFD??

I have an old CC that was charged off which then went to Midland and I tried to work out a payment plan with them but I couldn't keep up with the payments because I lost my job. Then once I had another job, I was hit with a garnishment. I spoke with the attorney's office that is handling the garnishment. I currently owe $3500 still. They said that if I pay half, they would remove the garnishment and I could then start making payments to them or I could PIF. The attorney's office does not show on my credit report but midland does. What course of action should I take? Should I get it out of garnishment by paying half and then contacting midland to PFD the final amount or should I PIF and hope that I can GW them into deleting it. Right now the $3500 is affecting my score because it shows up as a balance on a delinquent account so I know paying it off will help (hopefully) but will having Midland completely removed help more? 

Mine: TU: 477 11/2013, 506 02/2013, 548 4/2013 EQ: 479 11/2013, 506 1/2013, 520 4/2013 Quizzle: 620 4/2013 Karma: 611 4/2013 credit.com: 590 4/2013

Husband: TU: 485 11/2013, 496 02/2013, 526 4/2013 EQ: 503 4/2013
Quizzle: 577 4/2013 Karma: 551 4/2013 credit.com: 500 4/2013
Message 1 of 4
3 REPLIES 3
guiness56
Epic Contributor

Re: Midland Garnishment PFD??

You have a judgment?  You can't get a writ of garnishment without a judgment.

 

Since Midland is a CA it should not be included in your utilization.

 

I would get out from under the garnishment.  I hear Midland won't PFD but are good at GW once paid.

 

Message 2 of 4
erica1021
Valued Member

Re: Midland Garnishment PFD??

Thanks Guiness! Thats what I wanted to know. I dont mind paying it I just wanted to know if it was better to PFD or GW.

Mine: TU: 477 11/2013, 506 02/2013, 548 4/2013 EQ: 479 11/2013, 506 1/2013, 520 4/2013 Quizzle: 620 4/2013 Karma: 611 4/2013 credit.com: 590 4/2013

Husband: TU: 485 11/2013, 496 02/2013, 526 4/2013 EQ: 503 4/2013
Quizzle: 577 4/2013 Karma: 551 4/2013 credit.com: 500 4/2013
Message 3 of 4
RobertEG
Legendary Contributor

Re: Midland Garnishment PFD??

I would advise that you consult an attorney before proceeding.

 

As stated by guiness, a writ of execution of a judgment is a separate court order, obtained after a judgment, and asserting the consumer has not complied with the terms of the judgment.  The court may then issue specific terms of payment, such as garnishement of pay.

 

Only the court can "remove" their order.  The prevaiing plaintiff can motion the court to vacate or dismiss the order, but removal is the action of the court, not the judgment creditor..

You might want to be sure you have a legal agreement that specifies the obligations of the judgment creditor before accepting their promise to remove.

 

 

Message 4 of 4
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