Legal Question in Credit and Debt Law in North Carolina

You tried to do what is called an "accord and satisfaction" by noting on the check that it was for payment of the disputed amount. I would have to research hwo the cases have applied this and would have to review your documents to see if the letter contained "a conspicuous statement" that the check was tendered in satisfaction of the dispute.

My guess, without looking at any of the documents, was that it did not work. Also, we are dealing with the government and there might be an exception there.

I don't understand how the water/sewage was only in your name for 13 days but there was a whole year of service for the trash.

I also don't know what the rules are regarding a municipality's ability to go back and bill you due to an error as I have not researched that issue either. Sometimes there are special rules applicable to governments that may not be available to private companies. If you were still in NC and needed trash services, I would tell you to pay it, as fighting with the government is a headache and you would be unable to get service until this was resolved.

Since you are now in North Dakota, do you have any assets in NC? I assume that this bill is relatively small. If that is the case and if you have nothing there, then any type of lawsuit against you is highly unlikely. Your credit might take a hit for awhile, but I would save up your funds and when you get about half of the amount saved, try to dispute the debt again and offer to pay whatever you have saved up. They can only say no.

Maybe another attorney will have a better answer on the accord and satisfaction - its just not something I have looked at lately and I don't want to steer you wrong. Here is the statute:

� 25‑3‑311. Accord and satisfaction by use of instrument.

(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.

(b) Unless subsection (c) of this section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

(c) Subject to subsection (d) of this section, a claim is not discharged under subsection (b) of this section when the claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.