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Negotiating tips and tactics

Date: Fri, 01/19/2007 - 13:46

Submitted by outlaw8117
on Fri, 01/19/2007 - 13:46

Posts: 164 Credits: [Donate]

Total Replies: 4


I had my wages garnished for an old debt. In my state the garnishment is only good for 90 days and then the collection agency has to file again for the remaining balance. If it's not paid off in 90 days, then they do it again. There is no court appearance after the first judgment as it has already been entered. Now the collection agency is willing to negotiate with me for the balance so that they don't garnish my wages. My issues is that they want it paid off in 3 months which the monthly amount would be the amount of the garnishment anyway maybe a few bucks less. I can't afford that but I could probably afford to pay it off in 6 months which I offered. Of course they say NO, it will be this amount per month and has to be paid off then. I told him that I don't want to get an attorney involved but I will if need be. He was nice about it and professional but just firm on their position. If I stand firm on mine, then won't they just continue with the garnishment and get it anyway? I may have just answered my own question right there but does anyone have any tips on negotiating so that the CA and I can come to mutually agreeable terms?


I don't quite understand. Are you saying that the garnishment would continue at the current amount? If so, the amount in question wouldn't pay the debt in the 90 days the court allots for a garnishment to be in effect? If that's the case, then yes, I'm of the opinion that if it's going to take six months anyway, then let them spend their time and money in court. If the guy you're dealing with isn't smart enough to figure that out, let them garnish your check for six months and be done with it.


lrhall41

Submitted by fjv4 on Fri, 01/19/2007 - 14:06

( Posts: 62 | Credits: )


Well the balance left is around $1200. He basically divided that up in 3 months. A garnishment in this state is only good for 90 days then they have to re-file and get another garnishment for 90 days. If they garnish my wages, it will be paid in 3 months. Maybe a bit less. He wants it paid off in 3 months, so in a sense, he is getting pretty much the same amount. The garnishment has already been entered and it's on my credit report. I'm just trying to get it stretched out. But if they aren't willing to do that, there is no point to negotiate. That's what sucks, he knows that but is not willing to work a affordabel re-payment plan. So, I'm sort of back against the wall.


lrhall41

Submitted by outlaw8117 on Fri, 01/19/2007 - 14:25

( Posts: 164 | Credits: )


So basically you'd like to pay $200.00 a month for six months as opposed to $400.00 a month for three. I can certainly see your point. If he doesn't want to allow for payments over six months, then they still have to refile, as you've stated. They still have to take the time and spend the money to get another judgment against you. It may suck, but if it gets it over with in three months, perhaps that's the way to go. If you retain counsel as you mentioned, that's going to cost you even more. I'd like to offer you something clever, but I don't see where I can be of much help.


lrhall41

Submitted by fjv4 on Fri, 01/19/2007 - 15:18

( Posts: 62 | Credits: )


Quote:

If he doesn't want to allow for payments over six months, then they still have to refile, as you've stated. They still have to take the time and spend the money...


It's not their money that they will be spending; court costs are allowed to be added onto the principle balance. If it costs them, say, $45 to go to court and file a new garnishment order, it will be tacked onto your balance and you will end up paying for it. You could say that if you go along with their plan and keep them from having to go back to court, then you will be saving yourself court costs.


lrhall41

Submitted by DebtCruncher on Fri, 01/19/2007 - 17:36

( Posts: 2293 | Credits: )