Legal Question in Credit and Debt Law in Texas
Settlement of Debt
A = Creditor
B = Debtor
''A'' submits a request for payment of ''X'' dollars.
''B'' rejects the amount, claiming that only ''X'' minus ''Y''
dollars is the amount owed.
If ''B'' sends ''A'' a check for ''X minus Y'' dollars with a statement ''Acceptance of this check is acceptance as payment in full'' and the check is cashed, is the debt paid?
2 Answers from Attorneys
Re: Settlement of Debt
This may help:
www.capitol.state.tx.us/statutes/bc/bc0000300.html#bc037.3.311
Look at � 3.311. Accord and Satisfaction by Use of Instrument
You should speak with an attorney or a law school professor to explain this in full.
Re: Settlement of Debt
Possibly. It depends on whether the dispute is legitimate or not. Arbitrarily saying that B only owes A $X-Y doesn't necessarily make it a legitimate dispute. B has to also show A why B is entitled to $Y offset in order to make the dispute legitimate.
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