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.
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Debt settlement, also called debt relief or debt adjustment, is the process of resolving outstanding debt for far less than the amount you owe by promising the lender a substantial lump-sum payment. Depending on the situation, debt settlement offers might range from 10% to 50% of what you owe.
It's a service that's typically offered by third-party companies that claim to reduce your debt by negotiating a settlement with your creditor. Paying off a debt for less than you owe may sound great at first, but debt settlement can be risky, potentially impacting your credit scores or even costing you more money.
Keep in mind that negotiating parameters vary from one debt collection company to another. While one agency may accept one-third of what you owe, another one may require 75% of your full debt amount. Before you suggest a lump-sum amount, determine the maximum amount you can afford and don't budge.
Typical debt settlement offers range from 10% to 50% of the amount you owe. Creditors are under no obligation to accept an offer and reduce your debt, even if you are working with a reputable debt settlement company.
Effective April 7, 2022, the New York statute of limitations for debt collection lawsuits arising out of a consumer credit transaction is reduced from six years to three years. Also, payment toward the debt or written or oral affirmation of the debt by the consumer does not revive or extend the limitations period.
?Negotiating with a collection agency can be challenging, but it is vital to reach a fair settlement,? Raymond Quisumbing, a registered financial planner at Bizreport, said. ?Offering 25%-50% of the total debt as a lump sum payment may be acceptable.
Statute of Limitations in New York Thanks to a law passed in 2021, the statute of limitations of debt in New York is three years, which means that's how much time a debt collector has to file a lawsuit to recover the debt through the court system.
