47-3311. Accord and satisfaction by use of
instrument
A. If a person against whom a claim is asserted proves that the person in good
faith tendered an instrument to the claimant as full satisfaction of the claim, the
amount of the claim was unliquidated or subject to a bona fide dispute and the claimant
obtained payment of the instrument, subsections B and C apply.
B. Unless subsection C 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, a claim is not discharged under subsection B if either
of the following applies:
1. The claimant, if an organization, proves that:
(a) 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
(b) The instrument or accompanying communication was not received by that
designated person, office or place.
2. The claimant, whether or not an organization, proves that within ninety 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 paragraph
1, subdivision (a).
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.
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