A plea of release is a legal statement in which a party acknowledges a claim but also provides a formal written discharge. This discharge is executed by someone who has the authority to release the claim, effectively freeing the party from any further obligations related to that claim.
Plea of release is commonly used in various legal contexts, including civil litigation and contract disputes. It serves as a mechanism for parties to settle claims without proceeding to trial. This term may involve forms that individuals can manage themselves, such as those available through US Legal Forms, which provides templates drafted by experienced attorneys.
Here are a couple of examples of abatement:
Example 1: A contractor acknowledges a claim for unpaid work but signs a plea of release after receiving a partial payment, thereby discharging the remaining balance.
Example 2: A tenant admits to a breach of lease but executes a plea of release after negotiating a settlement with the landlord (hypothetical example).
Examples of state differences (not exhaustive):
| State | Legal Variations |
|---|---|
| California | Plea of release may require notarization for enforceability. |
| New York | Specific statutory forms may be required for real estate claims. |
| Texas | Oral agreements may not suffice; written release is typically mandatory. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Plea of Release | A formal acknowledgment of a claim with a discharge. | Involves admission and discharge. |
| Settlement Agreement | A contract resolving a dispute between parties. | More comprehensive, often includes negotiations. |
| Waiver | A voluntary relinquishment of a known right. | Does not necessarily involve admission of a claim. |
If you find yourself needing to use a plea of release, consider the following steps:
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