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Settlement in Full Vs Payment in Full

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sudden

Junior Member
What is the name of your state (only U.S. law)? CA

My main question is : does anyone know where the statute is ( for California ) where it says or defines what is considered acceptable on a check to qualify for
CCP §1521,” Accord” and 1523 “Satisfaction” : for example when you write "Settlement in Full"on a check. I would say that the words Settled would qualify because this is the actual language used on credit reports; so the word "settled" should carry some weight legally.

I am being sued by tenant for SD.
Prior to the action I sent out a SD statement + with a check + with a settlement document.
I wrote the following on the check: "Security Deposit Settled".
The Judge expressed doubt to whether Accord and Satisfaction was satisfied because he had to check whether those words fall under the statute guidelines.
Where can I look this up?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? CA

My main question is : does anyone know where the statute is ( for California ) where it says or defines what is considered acceptable on a check to qualify for
CCP §1521,” Accord” and 1523 “Satisfaction” : for example when you write "Settlement in Full"on a check. I would say that the words Settled would qualify because this is the actual language used on credit reports; so the word "settled" should carry some weight legally.

I am being sued by tenant for SD.
Prior to the action I sent out a SD statement + with a check + with a settlement document.
I wrote the following on the check: "Security Deposit Settled".
The Judge expressed doubt to whether Accord and Satisfaction was satisfied because he had to check whether those words fall under the statute guidelines.
Where can I look this up?

If that's what you wrote, then it likely won't. That's just a note that you made a settlement. It's not a statement that the check represents the amount due under the settlement.
 

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