A contract is usually discharged by performance of the terms of the agreement. However, the parties may agree to a different performance. This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged.
Where a claim is disputed, and where the creditor fails to reject a check for a lesser amount remitted to the creditor by the debtor on the clear condition that it be accepted in full satisfaction, the acceptance on the part of the creditor amounts to an accord and satisfaction of the creditor's larger claim. No particular language is required to be used by a debtor in making a tender of a check in full settlement of a claim against the debtor, so long as the tender clearly indicates that acceptance by the creditor of the amount offered must be in full satisfaction of the claim.
The following form is a sample of a notice accompanying a check tendered in settlement of a claim that is in dispute.
Nebraska Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as an essential document in the resolution of contested claims within the state of Nebraska. This notice is typically sent by an individual or organization making a payment to settle a disputed claim to ensure all parties involved are informed about the purpose, terms, and conditions of the settlement. Keywords: Nebraska, notice, accompanying check, settlement, disputed claim. Types of Nebraska Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Employment Disputes: This type of notice is used when an employer and employee have a disagreement or conflict, and an agreement has been reached to settle their dispute amicably. The accompanying check acknowledges the agreed-upon settlement amount, which may include back pay, compensation, or other benefits. 2. Contractual Disputes: This notice is applicable when two or more parties are involved in a dispute over the terms, conditions, or performance of a contract. The sender of the notice includes a check alongside to compensate for the disputed amount or breach of contract. 3. Property Damage Claims: If there is a dispute regarding property damage, this notice is utilized to inform the claimant that the disputed claim is being settled through a tendered check. This may occur in situations such as accidents, negligence, or damage caused by natural calamities. 4. Medical Malpractice Claims: In cases where a patient suffers harm due to medical negligence or malpractice, this notice is sent to inform the patient or their representative about the settlement offer. The accompanying check would cover medical expenses, ongoing treatment costs, and other related damages. 5. Insurance Claims: When individuals or businesses file claims with insurance companies and a dispute arises regarding coverage, terms, or reimbursement, this notice is used to communicate the settlement offer along with the accompanying check to resolve the disagreement. 6. Consumer Disputes: This type of notice is applicable when disputes arise between consumers and businesses regarding defective products, poor services, or violation of consumer rights. The accompanying check serves as compensation for losses, refunds, or to settle the disagreement. These different types of Nebraska Notice Accompanying Check Tendered in Settlement of Disputed Claim outline various scenarios where the notice is utilized to bring closure to contested issues by providing compensation or settlement in the form of a check.Nebraska Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as an essential document in the resolution of contested claims within the state of Nebraska. This notice is typically sent by an individual or organization making a payment to settle a disputed claim to ensure all parties involved are informed about the purpose, terms, and conditions of the settlement. Keywords: Nebraska, notice, accompanying check, settlement, disputed claim. Types of Nebraska Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Employment Disputes: This type of notice is used when an employer and employee have a disagreement or conflict, and an agreement has been reached to settle their dispute amicably. The accompanying check acknowledges the agreed-upon settlement amount, which may include back pay, compensation, or other benefits. 2. Contractual Disputes: This notice is applicable when two or more parties are involved in a dispute over the terms, conditions, or performance of a contract. The sender of the notice includes a check alongside to compensate for the disputed amount or breach of contract. 3. Property Damage Claims: If there is a dispute regarding property damage, this notice is utilized to inform the claimant that the disputed claim is being settled through a tendered check. This may occur in situations such as accidents, negligence, or damage caused by natural calamities. 4. Medical Malpractice Claims: In cases where a patient suffers harm due to medical negligence or malpractice, this notice is sent to inform the patient or their representative about the settlement offer. The accompanying check would cover medical expenses, ongoing treatment costs, and other related damages. 5. Insurance Claims: When individuals or businesses file claims with insurance companies and a dispute arises regarding coverage, terms, or reimbursement, this notice is used to communicate the settlement offer along with the accompanying check to resolve the disagreement. 6. Consumer Disputes: This type of notice is applicable when disputes arise between consumers and businesses regarding defective products, poor services, or violation of consumer rights. The accompanying check serves as compensation for losses, refunds, or to settle the disagreement. These different types of Nebraska Notice Accompanying Check Tendered in Settlement of Disputed Claim outline various scenarios where the notice is utilized to bring closure to contested issues by providing compensation or settlement in the form of a check.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
