Title 11, Chapter 3, Section 311
( 11-3-311)
Accord and satisfaction by use of instrument. (a) If a person against whom a claim is asserted proves that (i)
such person in good faith tendered an instrument to the claimant as
full satisfaction of the claim; (ii) the amount of the claim was
unliquidated or subject to a bona fide dispute; and (iii) the
claimant obtained payment of the instrument, then subsections (b),
(c), and (d) of this Code section shall apply. (b) Unless subsection (c) of this Code section applies, the claim is
discharged if the person against whom the claim is asserted proves
that the instrument or an accompanying written communication
contained a conspicuous statement to the effect that the instrument
was tendered as full satisfaction of the claim. (c) Subject to subsection (d) of this Code section, a claim is not
discharged under subsection (b) of this Code section if either of
the following applies: (1) The claimant, if an organization, proves that: (i) Within a reasonable time before the tender, the claimant
sent a conspicuous statement to the person against whom the
claim is asserted that communications concerning disputed debts,
including an instrument tendered as full satisfaction of a debt,
are to be sent to a designated person, office, or place; and (ii) The instrument or accompanying communication was not
received by that designated person, office, or place; or (2) The claimant, whether or not an organization, proves that
within 90 days after payment of the instrument, the claimant
tendered repayment of the amount of the instrument to the person
against whom the claim is asserted. This paragraph does not apply
if the claimant is an organization that sent a statement complying
with subparagraph (i) of paragraph (1) of this subsection. (d) A claim is discharged if the person against whom the claim is
asserted proves that within a reasonable time before collection of
the instrument was initiated, the claimant or an agent of the
claimant having direct responsibility with respect to the disputed
obligation knew that the instrument was tendered in full
satisfaction of the claim. |