I never know exactly what to expect going into settlement negotiations with a creditor and attorney with whom I have not previously dealt. They may refuse to compromise at all on a debt, they may take weeks or even months to finalize a settlement or they may move very rapidly.
A case I settled last week was a surprise combination of a refusal to compromise that turned into a quick discounted settlement... resulting in an $1,800 fee.
I had emailed a prospective client offering my assistance with a recent lawsuit where his company was named as the defendant. Once he was served, he contacted me. After discussing the background on the claim, I set my fee and obtained some preferred payment guidelines from my new client. I then quickly emailed the creditor's attorney and opened negotiations with a fairly low settlement offer on a long term payment plan. The offer was almost immediately rejected outright and the attorney reiterated the demand for payment in full plus over $5,300 for attorney's fees and back interest. She also provided a very short term payment plan that she had previously offered to my client.
So I called her to discuss this and explain my client's difficult financial situation. She still refused to budge and it was time to play hard-ball.
My next email contained an increased offer (still at a discount) on a monthly payment plan. But, in this communication, I made it clear this was a final offer and I reminded her that her client would be "rolling the dice" if they decided to pursue a judgment for the full amount. Her quick reply was an acceptance of the offer.
All of this occurred from Monday to Friday of last week.
Again, I did not know going into negotiations whether this would take 3 days or 3 months. In the end, (and as usual) all partied benefitted,
Scott F. Soape
Thursday, May 7, 2015
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