Is there such a thing...

Discussion in 'Credit Talk' started by init2winit, Aug 10, 2007.

  1. init2winit

    init2winit Well-Known Member

    Is there such a thing as too much legal jargon and CYA's in a PFD letter?
     
  2. init2winit

    init2winit Well-Known Member

    bump...bump...
     
  3. bizwiz41

    bizwiz41 Well-Known Member

    In my opinion only, Yes. The old rule of "Keep It Simple" is the best. You also do not want to "show all your guns at once". As Tsun Szu states, "when strong, appear weak".

    A PFD is simply a business proposal, "you remove TL, and I'll pay". If you start adding legal jargon, it starts to make the CA/OC wonder.

    If the response is a "No" to a PFD, then start bringing out the legal "guns".
     
  4. init2winit

    init2winit Well-Known Member

    I don't know what legal "guns" I have, since the debts are mine. I am dealing with OCs only. Could you please give me some ideas.

    These are my concerns with my PFDs:
    -a subsequent attempt to collect the remainder (e.g. they sell the balance)
    -restarting the SOL if they do not accept the offer
    -retention of my 'right' to OC validation if they do not accept my offer
     
  5. cap1sucks

    cap1sucks Well-Known Member

    You must be talking about a settled for less offer here. If they agree to a settled for less offer in writing then it essentially amounts to a paid in full situation once paid. Many mistakenly call that a novation but it is actully an Accord & Satisfaction agreement often referred to as A&S. Satisfaction is achieved upon payment of the newly agreed upon amount.
    As I have stated in another message this morning, that would depend on your state laws on SOL.
    That should not be affected.
     
  6. init2winit

    init2winit Well-Known Member

    Thank you!!!
     

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