How to Settle a Judgment Debt: Negotiate Before They Garnish Your Wages
Creditors would rather settle than enforce a judgment through wage garnishment. You can often negotiate 30-50% off the balance—even after you lose in court.
File Your AnswerA judgment isn't the end. It's the beginning of a negotiation you can still win.
Once a creditor has a court judgment against you, they hold the legal right to garnish your wages, freeze your bank account, or put a lien on your property. But here's what most people don't know: creditors would rather settle than chase you through garnishment. It costs them time and money to enforce a judgment. That gives you leverage.
This guide walks you through exactly how to settle a judgment debt—what to offer, how to negotiate, and how to protect yourself from getting burned twice.
What Happens After a Judgment (And Why Creditors Still Negotiate)
When you lose a debt lawsuit,or more commonly, when you fail to respond and get hit with a default judgment,the creditor becomes a judgment creditor. That means they can use the court system to collect.
Their options include:
- Wage garnishment: Up to 25% of your disposable income can be taken directly from your paycheck
- Bank account levy: They can freeze your checking or savings account and take what's in there
- Property liens: In some states, they can place a lien on your home or vehicle
But enforcement is a hassle. They have to file more paperwork, track down your employer or bank, and deal with exemptions you might claim. If you're judgment-proof,meaning you have no income or assets they can touch,they get nothing.
That's why most judgment creditors will still settle. According to research from The Pew Charitable Trusts, consumers who engage in the process after a judgment often negotiate settlements for 30-50% off the original amount. Debt buyers,companies like LVNV Funding or Midland Credit Management,have even more room to work with, since they purchased your debt for pennies on the dollar.
Step 1: Confirm the Judgment Is Valid
Before you pay a dime, make sure the judgment is real and enforceable.
Start by pulling your court records. Go to your county courthouse website or visit in person. Search for your name in civil court records. You should find:
- The case number
- The plaintiff (who sued you)
- The judgment amount
- The date the judgment was entered
Check the statute of limitations on judgment enforcement in your state. Most states allow creditors to collect on a judgment for 5-20 years, with the option to renew. If the judgment is old and expired, you may not owe anything.
Also verify that the creditor has the legal right to collect. If the original creditor sold the debt to a collection agency, that agency should have documentation proving they own it. You can request this through a debt validation letter.
Step 2: Figure Out What You Can Afford
Creditors want money now. Your job is to figure out how much you can realistically pay without starving yourself.
Calculate your monthly disposable income,what's left after rent, utilities, food, transportation, and insurance. Be honest. If you agree to a payment plan you can't sustain, you'll default and they'll garnish you anyway.
Two settlement options:
- Lump sum: Pay a reduced amount in one shot. This gets you the biggest discount,often 40-60% off.
- Payment plan: Pay the full amount (or slightly reduced) over 6-24 months. Less upfront, but you'll pay more in total, especially if interest keeps accruing.
If you can scrape together a lump sum,borrow from family, sell something, or use a tax refund,do it. Creditors will cut a bigger deal for cash in hand.
Step 3: Make Your First Offer
Start low. If you owe $3,000, offer $1,200. If they laugh at you, fine. Let them counter.
Your offer should be written and specific. Here's a template:
"I acknowledge the judgment in case number [CASE NUMBER] for $[AMOUNT]. Due to financial hardship, I am unable to pay the full balance. I can offer a one-time payment of $[YOUR OFFER] to settle this debt in full. If you accept, please confirm in writing that this payment will satisfy the judgment and that you will file a Satisfaction of Judgment with the court."
Send it via certified mail or through an attorney if you have one. Keep a copy.
If they reject your offer, they'll usually counter with something higher. That's fine. Negotiate back. Most judgment creditors will settle somewhere between 30-60% of the balance if you have cash ready.
Step 4: Get the Settlement Agreement in Writing
This is non-negotiable. Do not pay a single dollar until you have a written settlement agreement that includes:
- The exact amount you're paying
- That this payment settles the debt in full
- That the creditor will file a Satisfaction of Judgment with the court within 30 days
- That they will not sell or transfer the debt
- Your payment method and deadline
If they try to take your payment before sending the agreement, walk away. That's a red flag.
Step 5: Pay and Get the Judgment Released
Once you have the signed agreement, pay exactly as instructed. Use a method you can document,cashier's check, money order, or bank transfer. Never hand over cash.
After you pay, the creditor is required to file a Satisfaction of Judgment (or Release of Judgment) with the court. This document clears the judgment from your record.
If they don't file it within 30 days, you can file it yourself. Take your settlement agreement and proof of payment to the courthouse. The clerk can help you submit the release.
Check your credit report 60 days later. The judgment should be updated to show "satisfied" or removed entirely, depending on how your state reports judgments.
What If They Won't Negotiate?
Sometimes creditors refuse to budge. Maybe they're already garnishing you, or maybe they think you have assets worth chasing.
Your options:
- File for bankruptcy: Chapter 7 or Chapter 13 can wipe out judgment debts. If you're drowning in multiple judgments or your wages are being garnished, bankruptcy might be the smarter play. Learn more about filing bankruptcy.
- Claim exemptions: If they're garnishing your wages or bank account, you may qualify for exemptions that reduce or stop the garnishment. Exempt income includes Social Security, disability, child support, and sometimes a portion of your wages if you're below the poverty line.
- Wait it out: If you're truly judgment-proof,no income, no assets,they can't collect. The judgment will sit there, accruing interest, but they can't touch you. Just know that if your situation improves, they can come after you again.
How to Negotiate If You're Already Being Garnished
Even if your wages are being garnished, you can still settle. In fact, creditors sometimes prefer it. Garnishment gives them a slow trickle of payments. A lump sum gives them cash now.
Call the creditor or their attorney. Explain that you can pay a lump sum to stop the garnishment. Offer 40-50% of the remaining balance. If they accept, they'll file paperwork with the court to release the garnishment order.
Get the agreement in writing before you pay. Once the garnishment is lifted, make sure they file the Satisfaction of Judgment.
Special Case: Medical Judgment Debts
Medical debts make up roughly one-third of all judgment debts in some states. Hospitals and medical providers are often more willing to negotiate than credit card companies or debt buyers.
If the judgment is from a hospital, contact their billing department or financial assistance office. Many hospitals have charity care programs that can reduce or eliminate your debt, even after a judgment. You may need to provide proof of income and hardship.
If a debt buyer owns the judgment, they purchased it for 4-6 cents on the dollar. That means they can settle for 30-40% and still turn a profit. Use that to your advantage.
Can You Remove a Judgment from Your Credit Report?
Judgments no longer appear on credit reports from Equifax, Experian, or TransUnion as of 2018. But judgment creditors can still report the underlying debt as a collection account.
If you settle the judgment, the debt should be updated to "paid" or "settled" on your credit report. That's better than an open judgment, but it still hurts your score.
To get it removed entirely, you can try a "pay for delete" agreement. Offer to pay the settlement amount in exchange for the creditor removing the tradeline from your credit report. Not all creditors will agree, but it's worth asking.
What If the Judgment Is Old?
Judgments expire. The statute of limitations varies by state, but most judgments are enforceable for 5-20 years. After that, they become unenforceable.
If your judgment is close to expiring, don't make any payments. Making even a small payment can reset the statute of limitations in some states, giving the creditor another 5-20 years to collect.
If the creditor contacts you about an old judgment, consult a consumer rights attorney before you respond. You may not owe anything.
The Bottom Line
You have more leverage than you think. A judgment gives creditors the right to collect, but it doesn't mean they'll squeeze every dollar out of you. Most creditors will take 30-50% now over years of chasing you through garnishment.
Start with a low offer, get everything in writing, and make sure they file the Satisfaction of Judgment. If you're overwhelmed or facing multiple judgments, see if bankruptcy makes more sense. Either way, you're not powerless. Act before they garnish you, and you'll save thousands.