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of
the Pennsylvania Consolidated Statutes
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.
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