Reply – Re: excited
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Re: excited
— by liberated liberated
It was my comprehension from other posts that once the Postal money order, cr process is sent and then tender is refused/returned that warrants the debt/obligation discharged.
It appears, while not be set in stone, that one is not obligated to accept a novation. That said however, once the instrument has been acknowledged and "credited" to such account that is evidence that such "tender" was accepted which also means the novation was accepted. This I know first hand from a phone system account I had over 30 years ago. Would seem a follow up is in order as to a breach of contract since the money order was accepted and no doubt deposited if they sent a refund.

To further add to the power of novation, a couple years ago a neighbor, going through a divorce, had an attorney sending her a bill for $40,000 to which she was in a panic. I suggested she send the attorney $50 per month along with a copy of the "bill" with writing on it "sending $50 per month as tender with this accepted agreement". She hasn't heard a word since.