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.
Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as an official document presented along with a monetary settlement check to resolve a disputed claim in the Suffolk County, New York area. The purpose of this notice is to provide a comprehensive explanation and acknowledgment of the settlement agreement between the disputing parties. It contains important details regarding the nature of the claim, the parties involved, and the agreed-upon resolution. Keywords: Suffolk New York, notice, check, settlement, disputed claim, document, monetary, acknowledgment, agreement, parties, resolution. Different Types of Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Personal Injury Claim Settlement: This type of notice is specific to cases where an individual has filed a personal injury claim following an accident or injury in Suffolk County, New York. The notice outlines the terms of the settlement agreement, including compensation for medical expenses, pain and suffering, lost wages, and future damages. 2. Property Damage Claim Settlement: If a dispute arises over property damage, such as in cases of car accidents or property disputes, a specific notice is issued along with the settlement check. This document outlines the agreed-upon compensation for repairing or replacing the damaged property. 3. Employment Dispute Settlement: In cases involving employment-related disputes, like wrongful termination or discrimination, a separate notice accompanies the settlement check. This notice includes details related to the resolution, such as back pay, reinstatement, non-disclosure agreements, or other terms agreed upon by the parties involved. 4. Contractual Dispute Settlement: This type of notice is used when two parties have a contractual disagreement that requires monetary compensation to resolve. The accompanying check includes the agreed-upon settlement amount, while the notice provides a detailed description of the breach of contract, the damages incurred, and the terms of the settlement. 5. Consumer Dispute Settlement: If a consumer enters into a dispute with a business or service provider in Suffolk County, New York, the Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim provides a record of the settlement terms. This type of notice may also include any additional actions the business agrees to take, such as refunds, replacements, or changes to their policies or practices. By providing a comprehensive description and acknowledgment of the settlement agreement, the Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as an important legal document to ensure both parties understand the terms and bring closure to the dispute.Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as an official document presented along with a monetary settlement check to resolve a disputed claim in the Suffolk County, New York area. The purpose of this notice is to provide a comprehensive explanation and acknowledgment of the settlement agreement between the disputing parties. It contains important details regarding the nature of the claim, the parties involved, and the agreed-upon resolution. Keywords: Suffolk New York, notice, check, settlement, disputed claim, document, monetary, acknowledgment, agreement, parties, resolution. Different Types of Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Personal Injury Claim Settlement: This type of notice is specific to cases where an individual has filed a personal injury claim following an accident or injury in Suffolk County, New York. The notice outlines the terms of the settlement agreement, including compensation for medical expenses, pain and suffering, lost wages, and future damages. 2. Property Damage Claim Settlement: If a dispute arises over property damage, such as in cases of car accidents or property disputes, a specific notice is issued along with the settlement check. This document outlines the agreed-upon compensation for repairing or replacing the damaged property. 3. Employment Dispute Settlement: In cases involving employment-related disputes, like wrongful termination or discrimination, a separate notice accompanies the settlement check. This notice includes details related to the resolution, such as back pay, reinstatement, non-disclosure agreements, or other terms agreed upon by the parties involved. 4. Contractual Dispute Settlement: This type of notice is used when two parties have a contractual disagreement that requires monetary compensation to resolve. The accompanying check includes the agreed-upon settlement amount, while the notice provides a detailed description of the breach of contract, the damages incurred, and the terms of the settlement. 5. Consumer Dispute Settlement: If a consumer enters into a dispute with a business or service provider in Suffolk County, New York, the Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim provides a record of the settlement terms. This type of notice may also include any additional actions the business agrees to take, such as refunds, replacements, or changes to their policies or practices. By providing a comprehensive description and acknowledgment of the settlement agreement, the Suffolk New York Notice Accompanying Check Tendered in Settlement of Disputed Claim serves as an important legal document to ensure both parties understand the terms and bring closure to the 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.