Accord and Satisfaction

"Mass. Gen. Laws c. 106, §3-311 applies if a person against whom a claim is brought can prove that they tendered an instrument to the claimant as full satisfaction of the claim in good faith, the amount was un-liquidated or subject to a bona fide dispute, and the claimant received payment from the instrument. A claim is discharged if the person against whom the claim is asserted proves that the instrument or a written communication accompanying the instrument contained a conspicuous statement that the instrument was being tendered as full satisfaction of the claim. A claim is also 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 that has direct responsibility regarding the obligation, knew that the instrument was tendered in full satisfaction of the obligation.

A claim is not discharged under this section if the claimant is an organization and 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 any communications concerning disputing the debt are to be sent to a specific person, office or place and that the instrument and communication was not received. Similarly, a claim is not discharged if a claimant can prove that within 90 days after payment of the instrument, the claimant tendered repayment. M.G.L. c. 106, §3-311. "