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.
Arizona Agreement for Accord and Satisfaction of a Disputed Claim
State:
Multi-State
Control #:
US-00435BG
Format:
Word;
Rich Text
Instant download
Description
How to fill out Agreement For Accord And Satisfaction Of A Disputed Claim?
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FAQ
When the debtor in good faith asserts a disputed counter-claim or set-off, and in such a case an and satisfaction may result from the payment by the debtor of an amount less than the creditor's claim and no greater than the amount which the debtor concedes to be due.
To trigger and satisfaction, the debtor must send payment in an amount less than what the creditor demands. The payment instrument (such as a check) must either have conspicuous notation or be accompanied by written communication stating that the payment is made as full and final satisfaction of the debt.
To establish the defense or and satisfaction, there must be (1) evidence of a dispute between the parties about what is expected and (2) evidence establishing that the parties specifically and intentionally agreed to discharge the existing obligation by means of a lesser payment tendered and accepted.
An and satisfaction occurs when the parties involved in a dispute reach a new agreement to resolve the dispute. This agreement may involve a compromise, such as a payment of less than the full amount owed or a release of certain claims.
An and satisfaction is a substitute contract for settlement of a debt by some alternative other than full payment. The consideration for an is often the resolution of a disputed claim.
An and satisfaction is a legal contract whereby two parties agree to discharge a tort claim, contract, or other liability for an amount based on terms that differ from the original amount of the contract or claim. and satisfaction is also used to settle legal claims prior to bringing them to court.
