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Settlement in Full Vs Payment in Full - Landlord Forum thread 355328

Settlement in Full Vs Payment in Full by Daniel (CA) on December 11, 2017 @14:14

                              
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 [ Reply ]
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.
Re: Settlement in Full Vs Payment in Full by Anonymous on December 11, 2017 @23:23 [ Reply ]
I can't tell you that actual statute, but whatever is written on the memo line of a check is NOT binding nor does it have legal force.
Re: Settlement in Full Vs Payment in Full by Anonymous on December 12, 2017 @16:23 [ Reply ]
Don't ever write anything on the memo line of your checks.
Re: Settlement in Full Vs Payment in Full by Daniel (CA) on December 13, 2017 @16:33 [ Reply ]
I won the small claims case, here in LA in California.
The judge enforced the settlement; it seems.

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