Q: What is the best approach to negotiate with a collection agency after garnishments have been issued?
A: There is no single best approach to negotiating with a collection agency. How you proceed will depend upon the facts and circumstances.
But there are some basic considerations. Always start with goals. what are you hoping to accomplish? What is it that your opponent wants? Perhaps more importantly, what does each side really need? Needs must be met. Wants are negotiable.
Once you have these goals determined, there are other factors to consider. These include
Is there any dispute as to liability or amount?
What is the best alternative for your opponent to a negotiated settlement?
What is the worst alternative for your opponent to a negotiated settlement?
What is the most likely alternative for your opponent to a negotiated settlement?
In other words, what options are available to you and the collection agency if you do not settle?
How much will the collection agency obtain by garnishment?
There certainly are tactics which you can employ to reduce the amount which can be garnished. Those tactics vary with the circumstances, of course.
An experienced insolvency lawyer should be able to review your financial situation and design a strategy for negotiations.
I have taught courses and seminars to Wisconsin lawyers on negotiations and workouts. It is both an art and a science.
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