Scott F. Soape & Associates, LLC

07/29/2026

More Client Savings

My construction company client was sued on July 6th for a little more than $31,000 by a creditor and attorney I have dealt with for many years.

Once my services were retained, I was able to negotiate a settlement for $15,000 within 2 weeks, closing the deal today and saving my client over $16,000.

My client was pleased with the savings, and both parties were able to avoid lengthy litigation.

06/24/2026

No Discount

Although rare, some creditors will not compromise on their claims and will only accept payment in full. In these situations, I still work to have them waive—or at least reduce—additional charges such as attorney's fees, court costs, and accrued interest.

When a creditor will not reduce the principal balance, negotiations shift to securing payment terms that fit my client's budget. There is little benefit in agreeing to a payment plan that is likely to result in a quick default and leave both parties in the same position they started.

Over the years, I have identified a short list of creditors who are generally unwilling to negotiate settlements. I always disclose this upfront during the initial consultation so my clients know what to expect.

05/25/2026

Negotiating Settlements on Judgments

Once a creditor is awarded a judgment from the court, they have more tools available to compel payment in full.

This could include having the court appoint a Receiver. The Receiver is typically another attorney tasked with identifying all assets owned by the Defendant that might be available to pay the judgment. They answer directly to the court and failure to comply with requests for information could place the Defendant in jeopardy of being charged with contempt of court. A Receiver will also add their fees to the total due from the Defendant.

Another option available to the creditor is a bank account garnishment. If the Defendant has been making payments that can be traced back to their bank, the creditor already has this information. They can serve the bank with the garnishment and the bank is required to freeze any funds on deposit upon receipt. Beyond the disruption for the Defendant’s normal banking needs, this also creates another expense for the bank’s legal costs.

Although there still may be some room for negotiating a discount, It is always best to avoid a judgment if possible. Simply keeping lines of communication open once a lawsuit has been filed and responding properly is often all it takes.

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04/14/2026

Bank Account Garnishments

My client had a judgment against his company for over $148,000 and the creditor garnished their bank account in an effort to enforce the claim.

When this happens, the bank is required to place a hold on any funds up to the amount specified in the garnishment order. Bank attorneys typically review the documents, identify any deposits affected and report back to the creditor's attorney.

This is never a quick process and my client's lack of access to bank funds threatened to devastate business operations.

Since I deal with this creditor's attorney regularly, I was able to make a few phone calls and negotiate a settlement for $13,000 total... saving my client over $135k.

Unfortunately, the bank moved at a snail's pace and it still took nearly 3 weeks for them to release my client's account.

The good news is that my client was eventually able to get back up to speed and resume business as normal.

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