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.
A Franklin Ohio Notice Accompanying Check Tendered in Settlement of Disputed Claim is a formal document that serves as an accompanying notice to a check issued by a party in order to settle a disputed claim in Franklin, Ohio. This document is crucial for providing important information and ensuring clarity in the settlement process. The notice typically contains all the essential details related to the disputed claim and its settlement. It should clearly state the names and addresses of the parties involved, including the claimant and the party responsible for the settlement. In addition to that, the notice should specify the nature of the claim being settled, such as a contract dispute, property damage, personal injury, or any other legal matter. It is essential to mention the relevant dates, describing when the claim was initially filed or when the dispute arose. The notice should also contain specific details regarding the settlement amount, which should match the check tendered. This includes the numeric and written form of the settlement amount, ensuring accuracy to prevent any further disputes. Moreover, the notice should include information on how the parties involved should proceed after the settlement has been accepted. This might include instructions on cashing or depositing the check, as well as any additional actions required for finalizing the settlement. Variations of a Franklin Ohio Notice Accompanying Check Tendered in Settlement of Disputed Claim may include notices specifically designed for certain types of disputes. For example, there could be distinct notices for insurance claims, employment-related disputes, or property-related issues. Each variation would contain specific language and legal provisions relevant to its corresponding type of dispute.A Franklin Ohio Notice Accompanying Check Tendered in Settlement of Disputed Claim is a formal document that serves as an accompanying notice to a check issued by a party in order to settle a disputed claim in Franklin, Ohio. This document is crucial for providing important information and ensuring clarity in the settlement process. The notice typically contains all the essential details related to the disputed claim and its settlement. It should clearly state the names and addresses of the parties involved, including the claimant and the party responsible for the settlement. In addition to that, the notice should specify the nature of the claim being settled, such as a contract dispute, property damage, personal injury, or any other legal matter. It is essential to mention the relevant dates, describing when the claim was initially filed or when the dispute arose. The notice should also contain specific details regarding the settlement amount, which should match the check tendered. This includes the numeric and written form of the settlement amount, ensuring accuracy to prevent any further disputes. Moreover, the notice should include information on how the parties involved should proceed after the settlement has been accepted. This might include instructions on cashing or depositing the check, as well as any additional actions required for finalizing the settlement. Variations of a Franklin Ohio Notice Accompanying Check Tendered in Settlement of Disputed Claim may include notices specifically designed for certain types of disputes. For example, there could be distinct notices for insurance claims, employment-related disputes, or property-related issues. Each variation would contain specific language and legal provisions relevant to its corresponding type of dispute.
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.