Accord and Satisfaction 2

A 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 claimant has 90 days to dispute, refund and prove that the payment received, even when the instrument claims to be in full satisfaction of a debt, does not in fact discharge a claim. 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. (KRS § 355.3-311)

For example, where an owner's check contained a conspicuous statement that it was tendered as full satisfaction of a paver's claim pursuant to KRS § 355.3-311(2) and (4), when the check was cashed, the claim was discharged despite a notation of protest pursuant to KRS § 355.1-207 Weickert v. Alliant Health Sys., 954 S.W.2d 314

None.