View Our Newest Version Here

2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 33 - Enforcement of Instruments
Section 3311 - Accord and satisfaction by use of instrument

     § 3311.  Accord and satisfaction by use of instrument.
        (a)  Requirements.--If a person against whom a claim is
     asserted proves that:
            (1)  that person in good faith tendered an instrument to
        the claimant as full satisfaction of the claim;
            (2)  the amount of the claim was unliquidated or subject
        to a bona fide dispute; and
            (3)  the claimant obtained payment of the instrument;
     the following subsections apply.
        (b)  Proof of conspicuous statement.--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)  Designated person, office or place and 90-day
     limitations.--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)  Discharge.--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.
Disclaimer: These codes may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.