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.
Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document provided by the Wayne County government in Michigan to inform an individual or entity about the settlement of a disputed claim. The notice is often accompanied by a check as compensation for the resolved claim. The purpose of the Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim is to officially communicate the resolution of a claim and provide the designated payment. This notice ensures transparency and clarifies the settlement process to all parties involved. The content of the Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim typically includes: 1. Header: The document starts with an official header indicating that it is a Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim. 2. Claimant Information: Details of the claimant, such as their full name, address, contact number, and any relevant identification or reference numbers. 3. Defendants Information: Information about the defendant(s) involved in the claim, including their name(s), address(BS), and contact details. 4. Dispute Description: A comprehensive description of the disputed claim, including the nature of the dispute, relevant dates, and any supporting documentation or evidence. 5. Settlement Details: Clear and precise information regarding the terms of the settlement, including the agreed upon amount, payment method, and details of the accompanying check (e.g., check number, issuing bank, and amount). 6. Legal Disclaimer: A statement emphasizing that the settlement, once accepted and deposited, constitutes the final resolution of the dispute, preventing any further litigation or claims related to the same matter. 7. Contact Information: Contact details of the relevant Wayne County department or representative responsible for handling inquiries or addressing any further questions related to the settlement. 8. Notarization (if applicable): Depending on the jurisdiction or specific requirements, the notice may require notarization, ensuring the document's authenticity and validity. Different types of Wayne Michigan Notices Accompanying Check Tendered in Settlement of Disputed Claim may include variations based on the nature of the claim, such as personal injury claims, property damage claims, or contractual disputes. However, the overall structure and purpose of the notice remain the same, aiming to provide an official and final resolution to the claim.Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document provided by the Wayne County government in Michigan to inform an individual or entity about the settlement of a disputed claim. The notice is often accompanied by a check as compensation for the resolved claim. The purpose of the Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim is to officially communicate the resolution of a claim and provide the designated payment. This notice ensures transparency and clarifies the settlement process to all parties involved. The content of the Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim typically includes: 1. Header: The document starts with an official header indicating that it is a Wayne Michigan Notice Accompanying Check Tendered in Settlement of Disputed Claim. 2. Claimant Information: Details of the claimant, such as their full name, address, contact number, and any relevant identification or reference numbers. 3. Defendants Information: Information about the defendant(s) involved in the claim, including their name(s), address(BS), and contact details. 4. Dispute Description: A comprehensive description of the disputed claim, including the nature of the dispute, relevant dates, and any supporting documentation or evidence. 5. Settlement Details: Clear and precise information regarding the terms of the settlement, including the agreed upon amount, payment method, and details of the accompanying check (e.g., check number, issuing bank, and amount). 6. Legal Disclaimer: A statement emphasizing that the settlement, once accepted and deposited, constitutes the final resolution of the dispute, preventing any further litigation or claims related to the same matter. 7. Contact Information: Contact details of the relevant Wayne County department or representative responsible for handling inquiries or addressing any further questions related to the settlement. 8. Notarization (if applicable): Depending on the jurisdiction or specific requirements, the notice may require notarization, ensuring the document's authenticity and validity. Different types of Wayne Michigan Notices Accompanying Check Tendered in Settlement of Disputed Claim may include variations based on the nature of the claim, such as personal injury claims, property damage claims, or contractual disputes. However, the overall structure and purpose of the notice remain the same, aiming to provide an official and final resolution to the claim.
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.