We have a judgement against us for legitimate bills but the collection agency refuses to take a fair offer, what can I do to get them to take it?

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We have a judgement against us for legitimate bills but the collection agency refuses to take a fair offer, what can I do to get them to take it?

Asked on August 30, 2011 Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The problem for you is that a creditor--or their collection agency--is under  no obligation whatsoever to accept what you consider a "fair offer." The judgment creditor is entitled to payment in full, immediately; it is entirely voluntary on their part whether to accept anything less. If they think your offer not good enough, they won't accept. You can't "get them" to accept it in the sense of forcing them to do so...but you can try to encourage them to accept an offer. Some strategies to consider or try:

1) Try sweetening your offer--is it really the best you can do?

2) Voluntarily share financial information with the creditor--show them you're paying everything you can.

3) Threaten bankruptcy--let the creditor or its collections agency know that if you can't work something out with them, you will file for bankruptcy, which will potentially wipe their debt out entirely.

Good luck.


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