Oregon Notice Accompanying Check Tendered in Settlement of Disputed Claim
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How to fill out Notice Accompanying Check Tendered In Settlement Of Disputed Claim?
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FAQ
No. The creditor can argue that, even if it agreed to settle the claim, the agreement is not binding. However, the creditor may be estopped from claiming the balance.
It depends on what you can afford, but you should offer equal amounts to each creditor as a full and final settlement. For example, if the lump sum you have is 75% of your total debt, you should offer each creditor 75% of the amount you owe them.
Short Beware checks with Payment in Full, Full and Final Settlement or similar language written in the memo line or endorsement area. When these Payment in Full checks are cashed, they are very often binding, and can eliminate your rights to recover under contract or the mechanics lien laws.
Cashing a check marked payment in full will likely discharge the debtor's obligation entirely, under the legal doctrine of accord and satisfaction. Tendering of a check marked payment in full or paid in full is an offer to settle the debt of an amount different than what the parties' contract says.
In short, pursuant to California Commercial Code §3311, if a check is marked "paid in full," "final settlement," or words of similar effect and you cash it, you may be precluded from seeking the balance of what you believe is owed even if you strike out the paid in full language.
Full and final settlement means that you ask your creditors to let you pay a lump sum instead of the full balance you owe on the debt. In return for having a lump-sum payment, the creditor agrees to write off the rest of the debt.
I request a written confirmation from you that this account is paid in full/settled in full according to the terms of our agreement on insert date of agreement.
Something of value is offered in full satisfaction of a demand i.e. the check. The offer is accompanied by acts and declarations that amount to a condition that if the thing is accepted, it is accepted in satisfaction i.e. the phrase Final Payment on the check.
8. Add a memo (optional, bottom left hand corner): The memo is for unofficial reference only and doesn't affect whether or not the check can be cashed or not. You can use it to remind yourself of what the payment was for, or you can also use that space to tell the payee more details about the payment.
Endorsing a CheckBe careful not to write below the line that says, "DO NOT WRITE, STAMP, OR SIGN BELOW THIS LINE." This area is reserved for bank processing stamps. Once a check is endorsed, it can be cashed by anyone, so wait until you are at the bank to endorse a check made payable to you.
