Debt Acknowledgment Agreement An agreement acknowledging a debt, specifying the debt amount, terms of repayment, and acknowledgment of the debt's existence.
1.1. Debt Amount
Debtor acknowledges and agrees that, as of the Effective Date of this Agreement, Debtor has an outstanding debt in favor of Creditor in the amount of [Debt Amount] (the "Debt"). The Debt Amount shall include any principal balance, accrued unpaid interest, and any other fees or charges that have been added to the Debt consistent with any applicable agreement between Debtor and Creditor pertaining to the loan that gave rise to the Debt.
2.1. Repayment Schedule
Debtor agrees to repay the Debt to Creditor in [Number of Payments] equal monthly installments of [Repayment Amount] (the "Installment Payments") commencing on the first day of the month following the Effective Date of this Agreement and continuing on the first day of each subsequent month until the Debt is paid in full. The final payment may be of a reduced amount in order to satisfy the full payment of the Debt. Debtor shall make the Installment Payments to Creditor at the address specified below or at such other address as the Creditor may direct in writing.
Debtor may prepay the Debt, in whole or in part, at any time without penalty or premium, by providing notice to Creditor and remitting payment of the prepayment amount specified in the notice. Prepayment of the Debt, in whole or in part, shall not release Debtor of any future Installment Payments due according to the Repayment Schedule unless the Debt is paid in full.
2.3. Late Payments
Debtor agrees to pay a late fee of [Late Fee Amount] for any Installment Payment which is not received by Creditor within [Number of Days] days after its due date as set forth in the Repayment Schedule. Late fees will be assessed for each month the amount remains unpaid and shall be added to the Debt Amount.
3.1. Capacity to Contract
Both Parties represent and warrant that they are of lawful age and have the legal capacity to enter into this Agreement, and are not under any legal impediments that would prevent them from fully performing their respective obligations under this Agreement.
3.2. Accuracy of Information
Both Parties acknowledge and agree that the information provided by each party to the other party in connection with this Agreement is true, complete, and accurate in all material respects.
This Agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the state in which the Debtor resides (collectively referred to as the "Governing Law"), without regard to conflicts of law principles.
This Agreement may be amended or modified only by a written instrument executed by each of the Parties.
No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
This Agreement constitutes the sole and entire agreement between the Parties pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations, warranties, and understandings of the Parties pertaining to such subject matter.
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given (i) when personally delivered, (ii) when sent by e-mail, with confirmation of receipt, or (iii) [Number of Days] days after placing the same in the United States mail, postage prepaid, certified or registered, return receipt requested, or by nationally recognized overnight courier, addressed, in each case, as follows:
[Debtor's Address and Email]
[Creditor's Address and Email]
or to such other address as either party may designate by notice pursuant to this Section 10.
IN WITNESS WHEREOF, the Parties hereto have executed this Debt Acknowledgment Agreement as of the Effective Date.
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In this Debt Acknowledgment Agreement, you will see the following sections:
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