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Settlement in Full Vs Payment in Full
by Daniel (CA)
on December 11, 2017 @14:14
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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 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?
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.
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Re: Settlement in Full Vs Payment in Full
by Anonymous
on December 11, 2017 @22:11
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I believe that you cannot use such wording when it applies to the tenants security deposit. The tenant has a legal right to dispute any withholding from their security deposit. I have seen case where the landlord was charged for violating consumer protection statues. Remember, it's the tenants money, and they have every right to claim it.
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