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  1. #1
    Join Date
    Aug 2019
    Posts
    3

    Default Making an Offer to Settle Judgement

    My question involves collection proceedings in the State of: Tennessee


    I have a judgment against a former business partner, I also have a wage garnishment against him and he has paid $10k of the $25k plus lawyer fees, interest of 5.5% which would add about $7k+as of now. The garnishment checks change in amounts, the last check was only $36 and they normally average $500 a month total, sometimes more.

    I really need to get my Home HVAC unit replaced and was quoted about $7.5k. Without those checks as steady amounts i can't afford make the extra payments because of this guy which the quote for payments was around $120- $170 a month.

    I would be willing to offer him a deal where he could pay me a lump $8,000 cash or agree to $4,000 by Nov 2019 and $4,000 by Aug. 2020 and I get a new HVAC unit installed in my house ASAP where he is 100% liable for paying for it. If he did not pay, then the company would have to go after his property /wages and not be able to take the unit from me or affect my credit. In exchange i would wave the remainder of the current and future interest along with lawyer fees minus the Unit cost . He would then only have to cover the minimum payments until it's paid off.

    Is that something that could actually be done ?

    how could i make the offer to him ? Ask through the court ?

    I have no lawyer, so i also haven't been able to do a post-judgment discovery in court.

  2. #2
    Join Date
    Jul 2018
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    2,733

    Default Re: Making an Offer to Settle Judgement

    Quote Quoting CarGuy117
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    I would be willing to offer him a deal where he could pay me a lump $8,000 cash or agree to $4,000 by Nov 2019 and $4,000 by Aug. 2020 and I get a new HVAC unit installed in my house ASAP where he is 100% liable for paying for it. If he did not pay, then the company would have to go after his property /wages and not be able to take the unit from me or affect my credit. In exchange i would wave the remainder of the current and future interest along with lawyer fees minus the Unit cost . He would then only have to cover the minimum payments until it's paid off.

    Is that something that could actually be done ?
    Legally, sure. However, as a practical matter, no sane HVAC company would agree to it.


    Quote Quoting CarGuy117
    View Post
    how could i make the offer to him ? Ask through the court ?
    I have no idea what "ask through the court" might mean, but you can communicate with the judgment debtor by any means of communication available to you (e.g., by phone, by letter, by email, etc.).

  3. #3
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Making an Offer to Settle Judgement

    Why in God's name would an HVAC company basically allow a guy with a judgment to finance your AC?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,445

    Default Re: Making an Offer to Settle Judgement

    I will jump on the bandwagon and say that it's never going to happen. Also, if he stops working the garnishment will stop as well. You cannot count on the payments from him.

  5. #5
    Join Date
    Aug 2019
    Posts
    3

    Default Re: Making an Offer to Settle Judgement

    I would like to just make him liable to pay for a new unit, so i would be able to keep it if he stops making the payments. If he were to accept to pay a lump sum of $8k or break it down $4k in 2019 & 2020 and then Perhaps make him sign the contract with the HVAC company and they just deliver and install the unit to my house ? maybe Lower his wage garnishment to the payments of the unit and have the court send the check to the company instead of me. If he signed the contract the would the company go only after him his wages and property, without going after me and the unit ?

    I have no way to contact the guy, no address, phone, email. I said ask the court because they might have some way to reach him on file.

  6. #6
    Join Date
    Mar 2013
    Posts
    18,309

    Default Re: Making an Offer to Settle Judgement

    New question from OP:



    I have a Judgement by default and
    I am having a difficult time confirming a debtors current address and property. If he is there then I don't want to scare him before I can get a lawyer, but since I can't afford a lawyer I need solid information. Basically some would be more interested to take it, if I had an easy case that could be collected. The debtor has a tendency to lie and run. I did have a wage garnishment for almost 2 years only because of luck and a rumor, the debtor still owes a lot.

    The information I have so far,
    *The debtor is listed as the owner on the TN Gov Comptroller site, it seems current.
    *A different person is listed as paying the property tax from 2006 to persent on Tennessee trustee site for that county.
    * Google search says the other person is shown to be living at a different address in that area, could the debtor be using the name to hide property ?
    * I emailed the county mayor trying to reach the property assessors office since that was the only email on the County site. He replied the other person no longer lived there. There was no timeline of when or mention of the debtor at all.
    * I messaged the county sheriff's office and they said they couldn't give out personal information but could serve that address.
    I only wanted to know if he could be served or not without actually going to the property. If I went to the court to have the sheriff seize the property how would they verify it was his or if he owed money on it ?

    * If possible I would like to block any attempt to file bankruptcy or transfer property if he actually owns it.
    Please don't open new threads for questions on this topic.

    1 - He would have to be personally served.
    2 - You would have to identify the property and verify ownership to attach it.
    3 - You cannot block bankruptcy. Everybody has a right to file it. Once filed you can petition the court to eventually allow his debt to you to not be discharged, the chances of which are slim to none.

    Appears to me that you have a professional deadbeat on your hands. You were lucky to have the garnishment as long as you did but some judgments end up being uncollectible. I've had a few when I had my rentals. Don't count on ever seeing the money.

  7. #7
    Join Date
    Jul 2018
    Posts
    2,733

    Default Re: Making an Offer to Settle Judgement

    Quote Quoting CarGuy117
    View Post
    could the debtor be using the name to hide property ?
    This is a factual question, and no one here has any insight into the facts relating to your situation.


    Quote Quoting CarGuy117
    View Post
    If I went to the court to have the sheriff seize the property how would they verify it was his or if he owed money on it ?
    Seize what property? Who are "they"? Those questions aside, I have no knowledge regarding judgment enforcement proceedings, but it is generally the judgment creditor's responsibility to provide the court will all relevant information. Also, seizing random personal property is rarely a practical way to enforce a judgment because of the cost and the fact that auctions of such property don't typically generate bids of anything close to fair market value.


    Quote Quoting CarGuy117
    View Post
    If possible I would like to block any attempt to file bankruptcy
    Not possible.

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