how can I get a creditor to accept a lower settlement

Submitted by loc_chocklit on Thu, 04/12/2007 - 02:33
Forums

I got a roof put on my house in 2005 and couldnt pay. The roofer did not file a lien but got a civil judgemnt for 9000.00 I am no longer able to work and I am selling my home, I want to pay something but the roofer said that he wants all his money. What can I do to satisfy this judgement? I will never have 9000. after all my debt I will only have about $5000.00. but I would like to have this off my credit

Once judgment enters your credit report, it stays there for 7 years at least. Judgment can be renewed even. However, a satisfied judgment gets off of your report in 7 – 10 years, whatever time span is applicable for your state.

Why don’t you explain your situation to the roofer in writing? You may get help from an attorney as well.

Mon, 04/16/2007 - 11:49 Permalink
Law Student (not verified)

It probably depends on which state you are in. But, I don't believe the roofer could put a lien on your house until there was somesort of judgment. In many states (most that I know of), when a court grants a judgment, you don't just hand over $9000. It would be up to the roofer to try to get it. The court just says, "yes you owe $9000". Tell him if all else fails, that he will get his money when the house sells, there not much he could do that wouldn't mean a great deal more legal expense to him and would save him the cost of securing a lien. If you can't appeal, that's more or less what the roofer will have to settle for. If you're on a fixed income, he can't come after SS or retirement, etc. He could really only come after your bank account. In some states, he can't come after your house either.

Did he have an attorney?

Stanley is right. the judgment stays on a CR for about 10 years, same as bankruptcy. The statute of limitations on judgments varies greatly from state to state, some 10 years, others as much as 20. After the first 10 years, a judgment can be renewed, but it would mean the roofer going back to court (almost like starting all over again).

Stanley is also right in that you should ask an attorney. Most offer a free initial consultation.

Hope some of this helps. You can PM me on the other debt forum if you like.

Tue, 04/17/2007 - 02:37 Permalink