When you're facing a debt collection lawsuit, you usually have three options to get it resolved: (1) negotiate a settlement; (2) answer the lawsuit and challenge the case; and (3) file bankruptcy. If you decide to try to negotiate a settlement of the lawsuit, here a five tips to get the best possible deal.
If possible, negotiate a settlement in a lump sum
The best way to get a good deal from a debt collector is to offer a lump sum settlement. Debt collectors usually have blanket authority to settle debts for between 40% and 80% of the full balance if you pay the settlement in a one-time payment. If you're unable to afford a lump sum payment, the debt collector usually has the authority to agree to smaller monthly payments, often over a couple of years. But in exchange for the flexibility of a low monthly payment, you're probably going to have to pay the full account balance.
The last day of a month is the best day to get a great deal
Debt collectors have monthly goals that they must meet and there are significant consequences if they don't meet those goals. If a collector is short of their goal on the last day of the month, they may be willing to accept a lower settlement amount than they normally would. To take advantage of this, however, you'll probably have to make the settlement payment that day. So plan accordingly.
Insist that the debt collector confirms any agreement in writing, before sending them any money
Once you've reached a verbal agreement with the collector, ask them to send you confirmation of the agreement in writing before turning over your money. Read the agreement carefully to be sure that it actually contains the terms that you agreed to. Any reputable debt collector will be willing to confirm a payment arrangement in writing, so be wary of one who won't.
Keep a record of your payment
If you're paying with a personal check, get a copy of the canceled check from your bank. If you're paying with a money order or cashier's check, make a copy of the check and either note the date that you mailed it or, better yet, use certified mail. If you pay in cash or make the payment in person, be sure to get a receipt. Along with the collector's written confirmation, your proof of payment may be needed in the future to prove that you settled the account.
Be sure to get the proper follow-up documents
The appropriate follow-up documents vary depending on what point in the legal process you are when you settle the debt:
If you settle the debt before you get sued, the collector's written confirmation of the agreement, plus your proof of payment, should be sufficient.
If you settle the account after you've been sued, but before a judgment is entered, the collector should send you (and the court if the case has been filed) a dismissal WITH prejudice. A dismissal with prejudice means that the claim is fully resolved and can't be brought against you again. Don't accept a dismissal without prejudice if you've settled the account in full because there's a possibility that you could get sued again for the same claim.
If you settle the account after you've been sued and after a judgment has been entered, the collector should send you and the court a satisfaction of judgment. And if your wages were being garnished at the time you settled the account, the debt collector should quash the garnishment.