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.
In order for there to be an accord and satisfaction, there must be
(1) a bona fide dispute;
(2) an agreement to settle the dispute; and
(3) the performance of the agreement.
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It's better to pay off a debt in full (if you can) than settle. Summary: Ultimately, it's better to pay off a debt in full than settle. This will look better on your credit report and help you avoid a lawsuit. If you can't afford to pay off your debt fully, debt settlement is still a good option.
?Negotiating with a collection agency can be challenging, but it is vital to reach a fair settlement,? Raymond Quisumbing, a registered financial planner at Bizreport, said. ?Offering 25%-50% of the total debt as a lump sum payment may be acceptable.
Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.
Massachusetts laws The statute of limitations for consumer-related debt is six years.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
Similar to the federal Fair Debt Collection Practices Act, Massachusetts has a debt collection statute. Under Massachusetts law, some collection tactics are illegal. And, if you do get sued, the creditor often has to provide you with specific information about the debt before it can get a money judgment against you.
Section 7.08 - Validation of Debts (1) It shall constitute an unfair or deceptive act or practice for a creditor to fail to provide to a debtor or an attorney for a debtor the following within five business days after the initial communication with a debtor in connection with the collection of a debt, unless the ...
The Attorney General's debt collection regulations prohibit: Calling you at home more than twice for each debt in any seven-day period, or more than twice for each debt in any 30-day period at some place other than your home, such as your place of work. Calling you at work if you have requested that they not call.
