There is some basis for you to question this because, generally, minors can not enter into contracts. However, it does not seem that this is a contract. Her signature is just proof that she was given notice not to return to the Mall. She should get an attorney as soon as possible to address the criminal charges.
I believe that most Georgia judge's will hold that the choice of law clause (i.e., "This Agreement is governed by the laws of the State of Delaware . . ..") only deals with the substantive law applicable to the agreement. Those judges will hold that Delaware substantive law applies to the agreement, but that Georgia procedural law (i.e., the statute of limitations, etc.) would govern the Georgia proceedings. But you never know what the judge will rule until you put the issue before the judge...
First, you need to get a complete copy of the court file that has the judgment. This should be on file under your name (and the creditor's name) at the courthouse in the county where you live.
Second, you should have this court file reviewed by an experienced debt defense attorney to see if there is any basis to challenge the judgment. (My firm offers a free review of such court files.)
Based on the results of the evaluation, you can choose a course of action. There may be a way to...
You need to consult with an experienced debt-defense attorney immediately. There are too many unknowns and variables for you to get any useful answers from attorneys posting on avvo.com.
Any attorney trying to help you with this situation will need to review all the land sales documents (including any deed to secure debt that you may have signed) and the relevant bankruptcy documents.
It sounds like your home is at risk, so I would not delay consulting with attorney, especially if...
Georgia Magistrate Courts have civil jurisdiction for claims up to $15,000.00. Remember that if you have a good FDCPA case, there is never any reason for you not to be represented by counsel because the FDCPA specifically provides that the debt collector has to pay attorney fees in addition to damages.
Just a few comments.
1) Most main-line consumer collection attorneys in Georgia actually do send a letter before filing a civil action. I would anticipate that if you bring the claim that I think you are talking about (failure to provide 15 U.S.C. section 1692g notices), that the collection attorney will present evidence that it did send the notice before it started the collection action against you.
2) Look at the latest amendments to 15 U.S.C. section 1692g which post-date the 11th...
An email from Midland's law firm that sets out the settlement terms (combined with your proof of payment) is most likely sufficient proof an agreement to settle the case. Even if you have paid the settlement amount, I would still advise you to file a timely answer denying the debt (remember - Midland never gave you credit, it just showed up later trying to collect credit extended by Chase) just in case they are late in filing their dismissal.
It sounds like you may have a Fair Debt Collection Practices Act claim. I strongly suggest that you speak with an attorney experienced in this kind of debt-related case. You should save all voice mails, all records of the calls, as well as any written or electronic communications that you have received.
If the judgment names the person individually, the addition of language like "dba ABC Plumbing" (just an example) does not change the fact that the individual is on the hook to pay the judgment. If the judgment only names "ABC Plumbing," then things are a little more complicated. I strongly suggest that you consult with an attorney about the exact wording of the judgment.