2006 Minnesota Statutes

336.3-311 ACCORD AND SATISFACTION BY USE OF INSTRUMENT.
(a) If a person against whom a claim is asserted proves that (i) that person in good faith
tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim
was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the
instrument, the following subsections 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 (i) 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 (ii) 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 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. This paragraph does not apply if the claimant is an
organization that sent a statement complying with paragraph (1)(i).
(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.
History: 1992 c 565 s 39