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Accord and satisfaction is a settlement of an unliquidated debt. For example, a builder is contracted to build a homeowner a garage for $35,000. The contract called for $17,500 prior to starting construction, to disburse $10,000 during various stages of construction, and to make a final payment of $7,500 at completion.
This document affirms that the judgment debtor has fulfilled any obligations relating to the judgment. For example, in California, a judgment creditor must file an "Acknowledgment of Satisfaction of Judgment" [42] where it has been paid in full by the judgment debtor within 15 days of the judgment debtor's request. [43]
Except upon criminal issues to be proved by the prosecution, it is enough that the affirmative of an allegation is made out to the reasonable satisfaction of the tribunal. But reasonable satisfaction is not a state of mind that is attained or established independently of the nature and consequence of the fact or facts to be proved.
Deficiency judgment example. Say a mortgage borrower in default owes $200,000 on a loan for a home valued at $190,000. The foreclosure sale proceeds total $190,000, leaving a deficiency of $10,000 ...
The term "judgment proof" instead refers to the inability of the judgment holder to obtain satisfaction of the judgment. If a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure. [1]
A writ of execution (also known as an execution) is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. [1] When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor.
The Offer of Judgment rule is a United States tort reform law aimed at controlling unnecessary litigation and at encouraging settlement. Under this rule, if a settlement offer designated as an offer of judgment is made in civil litigation, the offer is rejected and the final court decision is less favorable than the final offer that was made, then the party who rejected the offer is subject to ...
Over the years, the slow cooker has gained a reputation for being a must-have kitchen appliance, and we couldn’t agree more! If you’re looking for inspiration on slow cooker recipes to try ...