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.
Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim A Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document used in the state of Texas when a settlement is reached between two parties regarding a disputed claim. This notice is typically sent by the party making the payment, also known as the payer, to the party receiving the payment, referred to as the payee. The purpose of this notice is to provide a detailed explanation of the settlement and provide transparency to both parties involved. It serves as a record of the agreement reached and ensures that both parties are aware of the terms and conditions associated with the settlement. The following information is typically included in a Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Payee Information: The notice will include the name, address, and contact information of the payee, ensuring that the payment reaches the correct individual or entity. 2. Payer Information: The payer's details, including name, address, and contact information, will be provided for clear identification and communication. 3. Settlement Amount: The notice will state the total settlement amount that has been agreed upon by both parties. This amount is usually specific and clearly indicated. 4. Purpose of Payment: A detailed description of the disputed claim or issue will be provided so that both parties can have a clear understanding of the matter being resolved. This description will help avoid any misunderstandings in the future. 5. Payment Method: The notice will outline how the payment will be made, specifying that a check has been issued in this particular case. Any specific instructions, such as payment due date or payment terms, may also be included. 6. Terms and Conditions: The notice may include any additional terms and conditions agreed upon by both parties. These may include confidentiality agreements, release of liability, or any other specific requirements related to the settlement. Types of Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Personal Injury Claim: This type of notice is used when a settlement is reached for a personal injury claim, such as a car accident or slip and fall case. It provides details of the settlement and ensures that the injured party receives proper compensation. 2. Contract Dispute: In the event of a contractual disagreement, this type of notice is used to communicate a settlement agreement and issue payment to settle the dispute. It clarifies the terms of the settlement and resolves any contract-related conflicts. 3. Property Damage Claim: When a settlement is reached for a property damage claim, such as damage to a home or vehicle, this notice is used to outline the settlement amount and ensure proper compensation for the affected party. In summary, a Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is a crucial legal document that ensures transparency and understanding between parties involved in a settlement. It helps avoid future disputes and provides a clear record of the agreement reached. Different types of notices may be used depending on the nature of the dispute, such as personal injury claims, contract disputes, or property damage claims.Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim A Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is a legal document used in the state of Texas when a settlement is reached between two parties regarding a disputed claim. This notice is typically sent by the party making the payment, also known as the payer, to the party receiving the payment, referred to as the payee. The purpose of this notice is to provide a detailed explanation of the settlement and provide transparency to both parties involved. It serves as a record of the agreement reached and ensures that both parties are aware of the terms and conditions associated with the settlement. The following information is typically included in a Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Payee Information: The notice will include the name, address, and contact information of the payee, ensuring that the payment reaches the correct individual or entity. 2. Payer Information: The payer's details, including name, address, and contact information, will be provided for clear identification and communication. 3. Settlement Amount: The notice will state the total settlement amount that has been agreed upon by both parties. This amount is usually specific and clearly indicated. 4. Purpose of Payment: A detailed description of the disputed claim or issue will be provided so that both parties can have a clear understanding of the matter being resolved. This description will help avoid any misunderstandings in the future. 5. Payment Method: The notice will outline how the payment will be made, specifying that a check has been issued in this particular case. Any specific instructions, such as payment due date or payment terms, may also be included. 6. Terms and Conditions: The notice may include any additional terms and conditions agreed upon by both parties. These may include confidentiality agreements, release of liability, or any other specific requirements related to the settlement. Types of Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim: 1. Personal Injury Claim: This type of notice is used when a settlement is reached for a personal injury claim, such as a car accident or slip and fall case. It provides details of the settlement and ensures that the injured party receives proper compensation. 2. Contract Dispute: In the event of a contractual disagreement, this type of notice is used to communicate a settlement agreement and issue payment to settle the dispute. It clarifies the terms of the settlement and resolves any contract-related conflicts. 3. Property Damage Claim: When a settlement is reached for a property damage claim, such as damage to a home or vehicle, this notice is used to outline the settlement amount and ensure proper compensation for the affected party. In summary, a Houston Texas Notice Accompanying Check Tendered in Settlement of Disputed Claim is a crucial legal document that ensures transparency and understanding between parties involved in a settlement. It helps avoid future disputes and provides a clear record of the agreement reached. Different types of notices may be used depending on the nature of the dispute, such as personal injury claims, contract disputes, or property damage claims.
