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Adjustment in Law: A Comprehensive Overview of Its Meaning and Uses
Definition & Meaning
Adjustment refers to the process of settling or modifying a claim, debt, or legal issue. In legal contexts, it often involves creating a fair arrangement among conflicting claims. Common examples of adjustments include set-off, contribution, and subrogation. These terms describe specific methods for resolving disputes over financial obligations or rights. Additionally, in finance, an adjustment date marks when the interest rate on an adjustable-rate mortgage (ARM) changes, and the adjustment period is the timeframe during which these changes can occur.
Table of content
Legal Use & context
Adjustment is widely used in various legal practices, particularly in civil law. It plays a crucial role in resolving disputes related to debts and claims. Legal professionals may utilize adjustments to negotiate settlements in cases involving financial liabilities, insurance claims, and mortgage agreements. Users can often manage simple adjustments through legal forms available on platforms like US Legal Forms, which provide templates for various legal documents.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
1. A homeowner facing foreclosure may negotiate an adjustment with their lender to modify the terms of their mortgage, potentially lowering their interest rate or extending the payment period. (hypothetical example)
2. Two businesses involved in a contract dispute may agree to an adjustment whereby one company compensates the other for damages, thus resolving the conflict amicably.
State-by-state differences
Examples of state differences (not exhaustive):
State
Adjustment Practices
California
Allows for flexible adjustments in family law cases, particularly in divorce settlements.
New York
Has specific rules regarding adjustments in commercial debt settlements.
Texas
Recognizes adjustments in property claims but requires formal documentation.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Set-off
A legal defense allowing a debtor to reduce the amount owed by claiming a debt owed to them by the creditor.
Set-off specifically involves mutual debts, while adjustment can apply to broader claims.
Contribution
A payment made between parties to apportion liability in joint obligations.
Contribution focuses on shared responsibilities, whereas adjustment may involve individual claims.
Subrogation
The right of one party to step into the shoes of another to claim their rights or remedies.
Subrogation involves rights transfer, while adjustment is about resolving conflicts over claims.
Common misunderstandings
What to do if this term applies to you
If you are facing a situation that requires an adjustment, consider the following steps:
Identify the conflicting claims or debts involved.
Gather all relevant documentation to support your case.
Consider negotiating directly with the other party or using mediation.
Explore US Legal Forms for templates that can assist with drafting agreements.
If the situation is complex, seek professional legal advice to ensure your rights are protected.
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