Why Judgment Settlement? Why settle your judgment? In a previous post,
we explained what post judgment settlement means. Now that you know
what it means, we will explain some reasons why you might elect to
pursue a settlement with your judgment debtor.
Why judgment settlement? One reason for settling
a judgment is that you are convinced that you likely will not be
able to collect the entire amount. If you have done an adequate
job of investigating the debtor and his circumstances, the facts
may lead you to this conclusion. Perhaps you can’t locate
adequate assets of the debtor. Perhaps you have found that there
is no way the debtor can afford to pay the debt. In this case you
might decide to settle for a lesser amount that the debtor is able
and willing to pay. This is the old idea that part of something
is better than nothing at all.
Why judgment settlement? Another reason for post
judgment settlement is to save time. You might feel that over time
you would be able to collect the entire amount of the judgment debt
plus allowable interest. But you would rather settle for an lesser
amount today, than to wait for the chance at perhaps collecting
a larger amount later. This is sort of like settling for the bird
in hand rather than waiting for the possibility of getting the two
in the bush at some later date.
Why judgment settlement? A third reason would be
that you know that there is a legal flaw in your judgment that could
make the judgment noncollectable. An example would be where you
have been awarded a judgment, but the party is misnamed in the original
lawsuit. If there is a legal flaw involved, but the other party
doesn’t understand that the judgment could be noncollectable,
then why not settle for whatever you can get before the flaw is
discovered. Remember once again that part of something is better
than nothing.
What if collecting your entire judgment amount is
going to be a complicated process? If you really don’t want
to go to all of the trouble that it would take to enforce your particular
judgment, you might feel better about settling for less money so
that you can skip the hassle of enforcement. Every judgment and
every judgment debtor are unique. If you feel you are in for more
work, headache, or hassle than you want to tackle…a post judgment
settlement with the debtor might not sound too bad.
Why post judgment settlement? Another reason to
accept settlement might be just because you are a nice person. What
if the debtor requests that you settle the debt and you decide to
do so out of the kindness of your heart. That could be your reason,
even though it costs you some of the money that the judge ordered
the debtor to pay you.
If you feel it would be advantageous to settle with
your debtor, nobody can tell you that you can’t. All it takes
is for both parties to come to a meeting of the minds about it.
If a settlement is what you decide on, let me be the first to congratulate
you!
You may want to look at this other article which
explains What is Judgment Settlement. You can access it by clicking
on this short link: http://www.enforcementinstitute.com/?p=104
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