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.
Orange California Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that is sent to inform the recipient about a payment being made to settle a disputed claim. It serves as a formal notice regarding the resolution of the claim and includes essential details about the settlement. The content of the notice typically includes the following information: 1. Date: The date on which the notice is issued. 2. Parties Involved: Identifies the parties involved in the disputed claim, including the claimant (the party making the claim) and the respondent (the party against whom the claim was made). 3. Claim Identification: Provides a brief description of the disputed claim, including any relevant case or reference numbers that were assigned to the claim. 4. Method of Settlement: Explains that the disputed claim has been resolved through a settlement agreement and outlines the terms and conditions of the settlement. 5. Payment Details: Includes the amount that is being paid to settle the claim, usually in the form of a check, along with the check number and the bank from which the check is drawn. 6. Release of Liability: Specifies that the acceptance and endorsement of the check by the claimant constitutes a full and final settlement of the claim. It also highlights that the claimant agrees to release the respondent from any further liability related to the claim. 7. Deadline for Acceptance: Sets a deadline by which the claimant must accept the settlement offer by cashing or depositing the check. It may also state that failure to accept the settlement within the given timeframe will result in the offer being withdrawn. 8. Contact Information: Provides the contact details of the respondent's representative who can be reached for any further queries or concerns regarding the settlement. Different types of Orange California Notice Accompanying Check Tendered in Settlement of Disputed Claim may vary based on the nature of the disputed claim, such as personal injury claims, property damage claims, contractual disputes, or employment-related claims. The content of the notice will be tailored to address the specific details of the claim type, but the basic purpose of informing the claimant about the settlement offer remains consistent.Orange California Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that is sent to inform the recipient about a payment being made to settle a disputed claim. It serves as a formal notice regarding the resolution of the claim and includes essential details about the settlement. The content of the notice typically includes the following information: 1. Date: The date on which the notice is issued. 2. Parties Involved: Identifies the parties involved in the disputed claim, including the claimant (the party making the claim) and the respondent (the party against whom the claim was made). 3. Claim Identification: Provides a brief description of the disputed claim, including any relevant case or reference numbers that were assigned to the claim. 4. Method of Settlement: Explains that the disputed claim has been resolved through a settlement agreement and outlines the terms and conditions of the settlement. 5. Payment Details: Includes the amount that is being paid to settle the claim, usually in the form of a check, along with the check number and the bank from which the check is drawn. 6. Release of Liability: Specifies that the acceptance and endorsement of the check by the claimant constitutes a full and final settlement of the claim. It also highlights that the claimant agrees to release the respondent from any further liability related to the claim. 7. Deadline for Acceptance: Sets a deadline by which the claimant must accept the settlement offer by cashing or depositing the check. It may also state that failure to accept the settlement within the given timeframe will result in the offer being withdrawn. 8. Contact Information: Provides the contact details of the respondent's representative who can be reached for any further queries or concerns regarding the settlement. Different types of Orange California Notice Accompanying Check Tendered in Settlement of Disputed Claim may vary based on the nature of the disputed claim, such as personal injury claims, property damage claims, contractual disputes, or employment-related claims. The content of the notice will be tailored to address the specific details of the claim type, but the basic purpose of informing the claimant about the settlement offer remains consistent.
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.
