400.3-311. Accord and satisfaction by use of instrument. - Missouri Statutes

Accord and satisfaction by use of instrument.

400.3-311. (a) If a person against whom a claim isasserted proves that (i) that person in good faith tendered aninstrument to the claimant as full satisfaction of the claim,(ii) the amount of the claim was unliquidated or subject to abona fide dispute, and (iii) the claimant obtained payment of theinstrument, the following subsections apply.

(b) Unless subsection (c) applies, the claim is dischargedif the person against whom the claim is asserted proves that theinstrument or an accompanying written communication contained aconspicuous statement to the effect that the instrument wastendered as full satisfaction of the claim.

(c) Subject to subsection (d), a claim is not dischargedunder subsection (b) 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 aconspicuous statement to the person against whom the claim isasserted that communications concerning disputed debts, includingan instrument tendered as full satisfaction of a debt, are to besent to a designated person, office, or place, and (ii) theinstrument or accompanying communication was not received by thatdesignated person, office, or place.

(2) The claimant, whether or not an organization, provesthat within 90 days after payment of the instrument, the claimanttendered repayment of the amount of the instrument to the personagainst whom the claim is asserted. This paragraph does notapply if the claimant is an organization that sent a statementcomplying with paragraph (1)(i).

(d) A claim is discharged if the person against whom theclaim is asserted proves that within a reasonable time beforecollection of the instrument was initiated, the claimant, or anagent of the claimant having direct responsibility with respectto the disputed obligation, knew that the instrument was tenderedin full satisfaction of the claim.

(L. 1992 S.B. 448)