Indiana Receipt for Payment Discharging Undisputed Claim in Full with Acceptance by Creditor of Amount Less Than Claim
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How to fill out Receipt For Payment Discharging Undisputed Claim In Full With Acceptance By Creditor Of Amount Less Than Claim?
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FAQ
Article 1252 gives the right to the debtor to choose to which of several obligations to apply a particular payment that he tenders to the creditor. But likewise granted in the same provision is the right of the creditor to apply such payment in case the debtor fails to direct its application. This is obvious in Art.
Composition, in modern law, an agreement among the creditors of an insolvent debtor to accept an amount less than they are owed, in order to receive immediate payment.
Your creditors do not have to accept your offer of payment or freeze interest. If they continue to refuse what you are asking for, carry on making the payments you have offered anyway. Keep trying to persuade your creditors by writing to them again.
If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due.
Here is a list of some alternatives to consider when negotiating with your creditors: Reduce the monthly payment. Refinance the loan. Defer a payment for a short time if you expect your income will increase soon. Reduce or drop late charges. Pay only interest on the loan until you can resume making monthly payments.
Obligations are extinguished: By payment or performance: By the loss of the thing due: By the condonation or remission of the debt; By the confusion or merger of the rights of creditor and debtor; By compensation; By novation. ( Article 1231, Civil Code)
Usually, and satisfaction deals with a debtor's offer of payment and a creditor's acceptance of a lesser amount than the creditor originally claimed to be owed. It is a method of discharging a claim by settlement of the claim and performing the new agreement.
In obligation to do, the obligor (debtor) cannot be forced to perform his obligation as it will constitute an involuntary servitude. The only remedy of the creditor is to have the obligation executed by another at the expense of the debtor or ask for damages.
