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.
Title: Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim Keywords: Harris Texas, notice, check, settlement, disputed claim, types Introduction: Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that serves as a formal communication from the Harris Texas jurisdiction regarding the settlement of a disputed claim. It outlines the details of the settlement process, including the issuance of a monetary settlement in the form of a check. Types of Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Harris Texas Notice Accompanying Check for Civil Lawsuit Settlement: This type of notice pertains to the settlement of a civil lawsuit in Harris Texas. It is a formal declaration sent by the jurisdiction to the involved parties to inform them about the settlement amount and procedures for acceptance. 2. Harris Texas Notice Accompanying Check for Insurance Claim Settlement: In case of disputes related to insurance claims, this type of notice is sent by the Harris Texas jurisdiction along with a check as a settlement. It highlights the resolution of the claim and the amount offered as compensation. 3. Harris Texas Notice Accompanying Check for Personal Injury Claim Settlement: If an individual or their legal representative files a personal injury claim in Harris Texas, this notice is used to accompany the settlement check. It outlines the terms of the settlement, including the compensation amount awarded to the injured party. Components of Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Identification of Parties: The notice includes the names and contact information of both parties involved in the disputed claim, such as the claimant and the opposing party or parties. 2. Description of the Dispute: This section provides a concise summary of the dispute, including the relevant dates, events, and facts associated with the case. 3. Settlement Agreement: The notice explains that the disputed claim has been resolved through a settlement agreement and indicates the agreed-upon terms. It elaborates on the compensation that will be given as a result of the settlement. 4. Check Details: The notice specifies the monetary amount of the settlement check to be tendered and provides details on the payment method and necessary steps to accept the settlement. 5. Deadline and Acceptance: This section outlines the deadline for accepting the settlement and any accompanying conditions that must be met to receive the funds. Conclusion: The Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is an important legal document that ensures transparency and clarity throughout the settlement process. Whether it is for a civil lawsuit, insurance claim, or personal injury, this notice provides comprehensive information about the settlement agreement and the attached check, allowing all parties to move forward with clarity and confidence.Title: Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim Keywords: Harris Texas, notice, check, settlement, disputed claim, types Introduction: Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that serves as a formal communication from the Harris Texas jurisdiction regarding the settlement of a disputed claim. It outlines the details of the settlement process, including the issuance of a monetary settlement in the form of a check. Types of Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Harris Texas Notice Accompanying Check for Civil Lawsuit Settlement: This type of notice pertains to the settlement of a civil lawsuit in Harris Texas. It is a formal declaration sent by the jurisdiction to the involved parties to inform them about the settlement amount and procedures for acceptance. 2. Harris Texas Notice Accompanying Check for Insurance Claim Settlement: In case of disputes related to insurance claims, this type of notice is sent by the Harris Texas jurisdiction along with a check as a settlement. It highlights the resolution of the claim and the amount offered as compensation. 3. Harris Texas Notice Accompanying Check for Personal Injury Claim Settlement: If an individual or their legal representative files a personal injury claim in Harris Texas, this notice is used to accompany the settlement check. It outlines the terms of the settlement, including the compensation amount awarded to the injured party. Components of Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Identification of Parties: The notice includes the names and contact information of both parties involved in the disputed claim, such as the claimant and the opposing party or parties. 2. Description of the Dispute: This section provides a concise summary of the dispute, including the relevant dates, events, and facts associated with the case. 3. Settlement Agreement: The notice explains that the disputed claim has been resolved through a settlement agreement and indicates the agreed-upon terms. It elaborates on the compensation that will be given as a result of the settlement. 4. Check Details: The notice specifies the monetary amount of the settlement check to be tendered and provides details on the payment method and necessary steps to accept the settlement. 5. Deadline and Acceptance: This section outlines the deadline for accepting the settlement and any accompanying conditions that must be met to receive the funds. Conclusion: The Harris Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is an important legal document that ensures transparency and clarity throughout the settlement process. Whether it is for a civil lawsuit, insurance claim, or personal injury, this notice provides comprehensive information about the settlement agreement and the attached check, allowing all parties to move forward with clarity and confidence.
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.
