Agreement Satisfaction With Judgment In Alameda

State:
Multi-State
County:
Alameda
Control #:
US-00436BG
Format:
Word; 
Rich Text
Instant download

Description

Accord and satisfaction is a method of discharging a claim whereby the parties agree to give and accept something in settlement of the claim and perform the agreement. Accord is the agreement and satisfaction is its execution or performance.


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.


A settlement in which one party promises to forego an undisputed, liquidated claim in exchange for a promise to perform, or the performance of, a pre-existing duty will not be held to be enforceable by many courts, because of the absence of consideration. However, the promise to perform, or the performance of, anything slightly different from the pre-existing duty is sufficient consideration to support a promise to forego the claim. When a claim is disputed in good faith, or when an undisputed claim is unliquidated (the amount owed has not been determined), a settlement of such a claim is clearly enforceable.

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FAQ

You start your case by filling out an SC-100 Plaintiff's Claim form and filing it with the court clerk. Be sure you name the Defendant correctly or you may not be able to collect your judgment.

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 many cases, filing in small claims court is the fastest and easiest way for people to legally settle their disputes. The person suing is the plaintiff, and the person being sued is the defendant. A person cannot sue for more than $12,500 in most cases. A business or public entity cannot sue for more than $6,250.

A form called “SC-100” must be completed by you to start a Small Claims case. Once the SC-100 form is filled out, take it to the correct courthouse to file it with the court clerk.

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Agreement Satisfaction With Judgment In Alameda