Does accord and satisfaction come into play if plaintiff deposits an amount less than entered judgment amount?

Original judgment was entered against me for $274.91. Judgment hasn't been paid for four years. They applied interest of $200.25 to make new judgment amount be $490.16 and are attempting to garnish this from my state tax refund. The actual interest amount should be $47.18, plus original judgment total of $274.91, plus $15 garnishment filing fee, bringing the judgment total to $337.09, not $490.16. Even with this said, I want to settle with them for less than $337.09. I am offering to pay them $225 via a money order with "Paid in Full" written on it to satisfy judgment in full, so that they will file the Satisfaction of Judgment. Will them depositing the $225 count as accord and satisfaction and settle this judgment? In other words, do I have a bona fide dispute in order to uphold A&S?

Lansing, MI -

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Attorney Answers (2)

John E. Melton

John E. Melton

Debt Collection Attorney - Marlette, MI

No. Get. A written agreement stating that the $225 is payment in full before paying the money. Simply sending the money with paid in full written in will not work.

Allan M. Darish

Allan M. Darish

Debt Collection Attorney - Fenton, MI

There is a fair chance they will accept your settlement offer, but here is what is working against you - they have already filed a granishment with the State, and your refund may already be on "hold" because of it. So, if they have a chance to get 100% of what they say they are owed, or some lesser amount, what do you think they will take? If you have not filed your return yet, and know the refund will be little or nothing, the offer starts to look more attractive to the Plaintiff. Get a resonse from them in writing if they accept, and include the filing of a Satisfaction of Judgment as part of the deal. No need to make this into a major undertaking when the amount in quesiton is undre $500. Good luck!

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