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.
The Wisconsin Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that plays a crucial role in resolving disputes between parties in the state of Wisconsin. This notice is typically sent alongside a check and includes important information that clarifies the intentions and terms of the settlement offer being made. One type of the Wisconsin Notice Accompanying Check Tendered in Settlement of Disputed Claim is the Notice of Payment in Full. In cases where there is a dispute over the amount owed, this notice ensures that by accepting the enclosed check, the receiving party agrees to release the other party from any further liability related to the claim. It is important for the check recipient to read and comprehend the content of this notice before deciding whether to accept the payment. Another type of notice is the Notice of Partial Payment. In situations where parties agree to settle, but the payment is made in installments, this notice serves as an acknowledgment that the enclosed check represents only a portion of the total settlement amount. The notice should specify the remaining balance and outline any agreed-upon terms for further payments. The Wisconsin Notice Accompanying Check Tendered in Settlement of Disputed Claim is formatted as a formal letter, typically addressed to the recipient. The content of the notice includes important details such as the names of the parties involved, the background of the dispute, the terms of the settlement offer, and instructions for accepting or contesting the payment offered. Keywords: Wisconsin, Notice Accompanying Check, Tendered, Settlement, Disputed Claim, legal document, disputes, Notice of Payment in Full, Notice of Partial Payment, formal letter, settle, liability, terms, installment, recipient, acknowledge, balance, contested.The Wisconsin Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document that plays a crucial role in resolving disputes between parties in the state of Wisconsin. This notice is typically sent alongside a check and includes important information that clarifies the intentions and terms of the settlement offer being made. One type of the Wisconsin Notice Accompanying Check Tendered in Settlement of Disputed Claim is the Notice of Payment in Full. In cases where there is a dispute over the amount owed, this notice ensures that by accepting the enclosed check, the receiving party agrees to release the other party from any further liability related to the claim. It is important for the check recipient to read and comprehend the content of this notice before deciding whether to accept the payment. Another type of notice is the Notice of Partial Payment. In situations where parties agree to settle, but the payment is made in installments, this notice serves as an acknowledgment that the enclosed check represents only a portion of the total settlement amount. The notice should specify the remaining balance and outline any agreed-upon terms for further payments. The Wisconsin Notice Accompanying Check Tendered in Settlement of Disputed Claim is formatted as a formal letter, typically addressed to the recipient. The content of the notice includes important details such as the names of the parties involved, the background of the dispute, the terms of the settlement offer, and instructions for accepting or contesting the payment offered. Keywords: Wisconsin, Notice Accompanying Check, Tendered, Settlement, Disputed Claim, legal document, disputes, Notice of Payment in Full, Notice of Partial Payment, formal letter, settle, liability, terms, installment, recipient, acknowledge, balance, contested.
