Wednesday, February 16, 2011

How to Make a Counteroffer for a Judgment

A counteroffer for a judgment is actually an attempt to resolve the issue by paying the judgment in whole or in part. Judgments are legal orders signed in court by a judge after a lawsuit. A judge issues a judgment after deciding that the defendant failed to pay a debt or is liable for monetary damages for other reasons. The judgment becomes a public record and appears on the defendant's credit report for seven years.

Instructions

    1

    Get a copy of the judgment order from the county courthouse, if necessary. A clerk can assist in locating the judgment in the court's database. Also, the information may be accessible on the Internet. Contact the court to ask for the Web address for the county's public records website. Visit the website to enter your name and view the judgment.

    2

    Note the telephone number for the party winning the judgment after receiving a copy online or at the court house. Also note the amount of the judgment. Review your finances to determine how much money you can offer as payment.

    3

    Call the party holding the judgment with hopes of settling the judgment for less than the full amount due - a process called debt settlement. Offer a lump-sum payment for about half the amount due as an opening offer. Although debt settlement is common, the judgment gives the debt collector a huge advantage. If you refuse to pay or fail to make payment arrangements, the debt collector can request garnishment of your wages or bank account. The debt collector is not required to accept a settlement offer and can demand full payment. Starting at 50 percent gives you room to negotiate.

    4

    Ask for a settlement payable in installments if you cannot afford a lump sum. Offer to pay less than the full amount over several months. Negotiate until you reach an agreement on the amount and the number of payments.

    5

    Offer to pay the full amount through monthly payments if you cannot reach agreement on a settlement for less than the full amount.

    6

    Get the terms of any agreement in writing before making payments by cashier's check. Keep copies of the checks. Make payments as agreed to prevent additional collection activity.

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