what type of lawyer do i need to settle a judgement

by Maggie Dickens 4 min read

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

Full Answer

How do I negotiate a settlement with a judgment?

Oct 30, 2020 · In serious cases, where punishments are more severe, a criminal lawyer is highly recommended, even necessary. A criminal lawyer can advise an individual on the consequences of conviction or guilty pleas. Some guilty pleas, even to …

How to settle a judgment for less than owed?

Jul 31, 2011 · Do I need a lawyer now to deal with the judgement against me and attempt to appeal or settle ... It is often possible to negotiate with the creditor/plaintiff to settle for less than the amount of judgment as it will cost the judgment creditor additional time and money to enforce the judgment that they may not see in return, or at least in the ...

Do I need a creditor's attorney to file a judgment?

Apr 13, 2003 · If all you want is an attorney to send your letter offering a settlement, get a prepaidlegal attorney for that. They can do it for around $35 once you sign up (that is the fee in most states). They can send the letter out for you within a couple of days. If you're interested I can give you the number of a friend of mine who sells prepaid legal.

Should you hire a lawyer to settle debt?

Jan 05, 2021 · Client. Case #34-2012-001239XX-CL-CL-GDS – Sacramento County) June 4, 2021: A judgment against our client in the amount of $224,182 was settled for $45,000, saving our client 79%! (Fleishman, Fisher & Moest – Jacob J Stettin v. Client. Case #SC0428XX) June 3, 2021: A judgment against our client in the amount of $98,258 was settled for ...

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How do you negotiate a settlement after Judgement?

You have four main options to deal with a default judgment:Accept the judgment.Settle the judgment for less.Challenge the judgment.Pursue debt relief.

What percentage of a debt is typically accepted in a settlement?

30% to 80%The percentage of a debt typically accepted in a settlement is 30% to 80%. This percentage fluctuates due to several factors, including the debt holder's financial situation and cash on hand, the age of the debt, and the creditor in question.Apr 15, 2020

Is it better to settle with creditors?

It is always better to pay off your debt in full if possible. While settling an account won't damage your credit as much as not paying at all, a status of "settled" on your credit report is still considered negative.Apr 16, 2021

What is the lowest a creditor will settle for?

When you're negotiating with a creditor, try to settle your debt for 50% or less, which is a realistic goal based on creditors' history with debt settlement. If you owe $3,000, shoot for a settlement of up to $1,500.Jun 11, 2021

How do I write a letter to settle a Judgement?

Writing the Settlement Offer Letter Include your personal contact information, full name, mailing address, and account number. Specify the amount that you can pay, as well as what you expect from the creditor in return. A good starting point for negotiation could be offering around 30% of the amount that you owe.Nov 30, 2021

What are the consequences of settling a debt?

Debt settlement will appear on your credit report as such and hurt your credit score. Also, you may have to pay taxes on the difference between what you paid and what you owed. Yes, the amount of debt you didn't pay is generally reported to the IRS as income.

Will settling debt hurt credit?

Yes, settling a debt instead of paying the full amount can affect your credit scores. When you settle an account, its balance is brought to zero, but your credit report will show the account was settled for less than the full amount.Oct 16, 2019

How can I get out of debt without paying?

Ask for a raise at work or move to a higher-paying job, if you can. Get a side-hustle. Start to sell valuable things, like furniture or expensive jewelry, to cover the outstanding debt. Ask for assistance: Contact your lenders and creditors and ask about lowering your monthly payment, interest rate or both.Sep 2, 2021

Mitchell Paul Goldstein

You can appeal, but expect to be required to pay an appeal bond in the amount of the judgment. If you appeal or move to vacate, you need grounds for the judge to rule on. Without grounds, expect to lose. The judgment will remain on your credit report for as long as it is valid, which can be more than 7 years.

Kelly Donovan Jones

Mr freedman has set forth out the basics. To add to his comments, once the creditor (plaintiff) has a judgment they will eventually try to enforce (collect) the judgment via wage/account garnishment.

Jeffrey M. Freedman

Once you fall behind on a debt your credit record is marked for 7 years.#N#Here you fell behind and were sued.#N#There was a court hearing and a judgment was entered against you.#N#This history of these events will most likely appear on your credit record for 7 years.#N#Once the judgment is entered the creditor's attorney will look for assets to satisfy....

What happens if you don't settle a judgment?

If you do not settle the judgment or pay it in full, then the creditor may take further action, such as garnishing wages, levying bank accounts, or getting a lien on the debtor's property. Steps.

How to accept a settlement?

At a minimum, the debtor should type up the terms of the settlement in a letter and send it to the creditor along with the first payment. That letter should include the phrase, "Acceptance of this payment constitutes your agreement with the terms documented in this letter.".

What is a satisfaction of judgment?

Each court has a form, usually called a Satisfaction of Judgment, that the parties use to verify that the judgment has been paid. It is usually the creditor's responsibility to file the form.

Can you file for bankruptcy if you have a DUI?

Consider filing for bankruptcy. With a Chapter 7 bankruptcy, a debtor can discharge most debts. However, judgment debts relating to fraud, intentional injury, and DUI-related injury or wrongful death cannot be discharged. Contact a bankruptcy attorney to discuss your options.

What to do if you are considering filing for bankruptcy?

If you are considering filing for bankruptcy, you may want to have a bankruptcy attorney speak with your creditor. If the creditor sees that you are seriously contemplating bankruptcy, he or she may be willing to settle the judgment for much less than the total amount, rather than risk getting nothing.

What is judgment liens?

Judgment liens give the creditor a right to be paid a certain amount in the event that the debtor's property is sold. For example, if the creditor has a lien against the debtor's house, and the debtor sells the house, then the creditor is entitled to be paid the amount of the lien from the sale proceeds.

What to do if you miss a payment?

If you are the debtor and are about to miss a payment or need to modify the repayment schedule, contact the creditor. Explain the situation and propose a solution. The creditor does not have to agree, but if you can compromise again, you can renegotiate the settlement and avoid having to go to court.

2 attorney answers

From your question, I'm not sure you need an attorney. If a creditor already has a judgment against you, you can go to the courthouse and pay the judgment and the judgment will be satisfied.#N#If, however, you are looking to compromise your judgment, you may need help...

Jonathan Gerald Kreider

From your question, I'm not sure you need an attorney. If a creditor already has a judgment against you, you can go to the courthouse and pay the judgment and the judgment will be satisfied.#N#If, however, you are looking to compromise your judgment, you may need help...

What is debt settlement lawyer?

Debt settlement lawyers can command a small fortune for their services, whether they work on contingency (meaning they take a cut of the debt savings they negotiate for you) or charge a specific hourly or per-case rate.

How long does bankruptcy stay on your record?

Not only is it expensive, but it can stay on your record for seven years in the case of a Chapter 13 filing, or 10 years in the case of Chapter 7.

Who is Maurie Backman?

Maurie Backman is a personal finance writer who covers everything from savings to retirement to healthcare. Her articles have appeared broadly on major outlets such as CNBC, MSN, and Yahoo.

Can you get your wages garnished?

Your wages are at risk of being garnished. In some cases, your creditors can come after your earnings if your debt goes unpaid for too long. For example, if you owe the IRS back taxes, or if you're delinquent on your loans, you could be at risk of having your wages garnished, compounding your financial troubles.

How to settle a judgment?

Make sure it’s an amount you can afford consistently without creating a hardship. Then offer to make monthly payments to settle the judgment.

How to settle a judgment for less than what you owe?

The process of settling a judgment for less than what you owe involves determining exactly how much you're able to pay, contacting your creditor with your offer and obtaining a confirmation of the settlement. You can expect the settlement to have a negative impact on your credit for some time.

What happens if you get sued by a creditor?

Settling a Judgment for Less Than Owed. Getting sued by a creditor can be scary. If the creditor gets a judgment against you, they could garnish your wages or get a lien on your property, including your car or home. You can prevent these drastic measures by being proactive in contacting your creditors. Most creditors are still willing to work ...

What is a satisfaction of judgment?

Once you’ve settled the judgment, get written confirmation that the debt was settled. This is called a satisfaction of judgment, and it should be filed with the court that made the judgment. You should get a copy as well. You will need to confirm that the satisfaction of judgment is reflected on your credit reports.

Who is Melinda Hill Sineriz?

Melinda Hill Sineriz is a freelance writer with over a decade of experience. Her work has appeared on Pocket Sense and Sapling. She specializes in business, personal finance, and career writing. She has worked in insurance sales and financial planning, helping families to manage their money and prepare for the future.

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