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 a bona fide dispute; an agreement to settle the dispute; and the performance of the agreement. An example would be settlement of a lawsuit for breach of contract. The parties might settle for less than the amount called for under the contract.
Dispute Claim Form Without Attorney In Oakland
State:
Multi-State
County:
Oakland
Control #:
US-00435BG
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
Filing a Claim The City of Oakland has a standard claim form that can be used for your convenience. You can file the form electronically at claims@oaklandcityattorney, or you can send the form by mail to: Oakland City Attorney's Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612.
Small claims court is worth it when you know you are deterring someone from potentially harming others the same way they harmed you. You may also want to help others determine whether to do business with that person or corporation in the future, as court decisions are part of the public record.
Steps to an Alameda County Small Claims Lawsuit Demand payment from the other party before suing. Prepare the lawsuit using Plaintiff's Claim and Order to Go to Small Claims Court. File the lawsuit with the court. Serve the lawsuit on the party you sued. File the Proof of Service. Prepare your evidence.
In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant.
Filing a Claim The City of Oakland has a standard claim form that can be used for your convenience. You can file the form electronically at claims@oaklandcityattorney, or you can send the form by mail to: Oakland City Attorney's Office, 1 Frank H. Ogawa Plaza, 6th Floor, Oakland, CA 94612.
(a) The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant. For the purpose of this subdivision, an action is commenced at the time the complaint is filed.
After the defendant is served, they usually have 30 days to respond. This means filing a response in court. Depending on how (and if) they respond, you have some options for the next steps.
Under CCP § 583.310, an action must be brought to trial within five years after it is commenced against the defendant. An action “commences” on the date the original complaint is filed with the court against the defendant. If other defendants are later added, those actions will have a different date of commencement.
In small claims court, the rules are simplified and the hearing is informal. Attorneys are generally not allowed. The person who files the claim is called the plaintiff. The person against whom the claim is filed against is called the defendant.
