Who decides to Settle with the Debtor?

August 13, 2023


Q: Who decides whether to settle for a lesser amount than the full judgment value?

A: The Judgment Enforcer does – if they own the judgment.   Like you, they want to get as much as they possibly can from the debtor. JEs often (sometimes eventually) recover the full value – or close to the full value of the judgment.

Sometimes settling is the only realistic option. Sometimes settling is the only way to get money fast. Sometimes settling is the only way to recover a judgment.

Although they are not legally required to do so – as a courtesy – most Judgment Enforcers will let you know if the debtor attempts to settle. (Note – a debtor’s first offer to settle is usually not genuine.)

Even if you do not assign your judgment, for instance you are referred to a collections agency or lawyer, sometimes settling is the smartest move because judgments are not guaranteed.

Q: I have a $5,000 judgment and I am OK with 50/50 to get it recovered, but I do not want to have an enforcer settle for $200 and give me $100, that would be ripping me off. You told me you would not refer me to that kind of enforcer, so I proposed they guarantee me they would recover $2,000 or more for my share, for me to let them enforce my judgment, and you said no, why would you turn down my business?

A: Because JudgmentBuy knows thousands of enforcers nationwide, and none of the thousands of judgment enforcers signed up with JudgmentBuy.com would agree to such a thing, because nothing, absolutely nothing, can be guaranteed in a judgment recovery.

Every judgment enforcer we know tries to recover the full amount the judgment debtor owes, but anything can happen. The debtor can run out of money, go bankrupt, or the recovery expenses can be very costly, in the case of levying property. There are no guarantees in judgment recovery. You can shop your judgment to thousands of judgment enforcers and none will ever agree to a minimum recovery percentage amount in a contract with a original judgment creditor.

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