If I have a judgement filed against forme $2200, can the creditor and I come to an agreement for less than the judgement awarded ?

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If I have a judgement filed against forme $2200, can the creditor and I come to an agreement for less than the judgement awarded ?

Asked on April 11, 2012 under Bankruptcy Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, legally, the creditor may always agree to accept less than the full amount as payment in full. They might agree to do that to get paid now, for example, rather than having to "drag" the money out of you by using such legal mechanisms as liens, wage garnishment, or seeking to execute on a bank account or personal property. Be aware, though, that since they have the judgment, and therefore may take those actions detailed above to collect on it if you do not voluntarily pay, you have relatively little leverage--all you can offer is speed and convenience in paying, since it has already been adjudicated and determined that they have the right to be paid. (If you had sought to settle prior to the judgment, you'd have had more leverage--since even with a good case, winning is never certain, you could have removed their  uncertainty about prevailing with a settlement, but it's too late for that now, since they have already prevailed.)

If you do come to an agreement with them, make sure it is in writing and then filed with the court.


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