Accord and Satisfaction
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Statutes
"If a person against whom a claim is asserted proves that that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, that the amount of the claim was unliquidated or subject to a bona fide dispute, and that the claimant obtained payment of the instrument, the following subsections apply. 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. A claim is not discharged if the claimant, if an organization, proves that: 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 the instrument or accompanying communication was not received by that designated person, office, or place. A claim is also not discharged 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. 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. (West's F.S.A. § 673.3111)
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Cases
Comments
Accord and satisfaction is an affirmative defense that must be specifically pled, and if not, it is waived. Fla. R. Civ. P. 1.110(d).
Contributors
Brittany S. Ogden
The statutory information was edited and reviewed with the support of MultiState
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