RCW 62A.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 subsection (c)(2) does not apply if the claimant is an organization that sent a statement complying with subsection (c)(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.
[ 1993 c 229 § 39.]
NOTES:
Recovery of attorneys' fees—Effective date—1993 c 229: See RCW 62A.11-111 and 62A.11-112.
Structure Revised Code of Washington
Title 62A - Uniform Commercial Code
Chapter 62A.3 - Negotiable Instruments.
62A.3-104 - Negotiable instrument.
62A.3-105 - Issue of instrument.
62A.3-106 - Unconditional promise or order.
62A.3-107 - Instrument payable in foreign money.
62A.3-108 - Payable on demand or at definite time.
62A.3-109 - Payable to bearer or to order.
62A.3-110 - Identification of person to whom instrument is payable.
62A.3-113 - Date of instrument.
62A.3-114 - Contradictory terms of instrument.
62A.3-115 - Incomplete instrument.
62A.3-116 - Joint and several liability; contribution.
62A.3-117 - Other agreements affecting instrument.
62A.3-118 - Statute of limitations.
62A.3-119 - Notice of right to defend action.
62A.3-202 - Negotiation subject to rescission.
62A.3-203 - Transfer of instrument; rights acquired by transfer.
62A.3-205 - Special indorsement; blank indorsement; anomalous indorsement.
62A.3-206 - Restrictive indorsement.
62A.3-301 - Person entitled to enforce instrument.
62A.3-302 - Holder in due course.
62A.3-303 - Value and consideration.
62A.3-304 - Overdue instrument.
62A.3-305 - Defenses and claims in recoupment.
62A.3-306 - Claims to an instrument.
62A.3-307 - Notice of breach of fiduciary duty.
62A.3-308 - Proof of signatures and status as holder in due course.
62A.3-309 - Enforcement of lost, destroyed, or stolen instrument.
62A.3-310 - Effect of instrument on obligation for which taken.
62A.3-311 - Accord and satisfaction by use of instrument.
62A.3-312 - Lost, destroyed, or stolen cashier's check, teller's check, or certified check.
62A.3-402 - Signature by representative.
62A.3-403 - Unauthorized signature.
62A.3-404 - Impostors; fictitious payees.
62A.3-405 - Employer's responsibility for fraudulent indorsement by employee.
62A.3-406 - Negligence contributing to forged signature or alteration of instrument.
62A.3-408 - Drawee not liable on unaccepted draft.
62A.3-409 - Acceptance of draft; certified check.
62A.3-410 - Acceptance varying draft.
62A.3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks.
62A.3-412 - Obligation of issuer of note or cashier's check.
62A.3-413 - Obligation of acceptor.
62A.3-414 - Obligation of drawer.
62A.3-415 - Obligation of indorser.
62A.3-416 - Transfer warranties.
62A.3-417 - Presentment warranties.
62A.3-418 - Payment or acceptance by mistake.
62A.3-419 - Instruments signed for accommodation.
62A.3-420 - Conversion of instrument.
62A.3-503 - Notice of dishonor.
62A.3-504 - Excused presentment and notice of dishonor.
62A.3-505 - Evidence of dishonor.
62A.3-512 - Credit cards—As identification—In lieu of deposit.
62A.3-520 - Statutory form for notice of dishonor.
62A.3-522 - Notice of dishonor—Affidavit of service by mail.
62A.3-525 - Consequences for failing to comply with requirements.
62A.3-540 - Collection agencies—Statutory form for notice of dishonor.
62A.3-550 - Collection agencies—Consequences for failing to comply with requirements.
62A.3-601 - Discharge and effect of discharge.
62A.3-603 - Tender of payment.
62A.3-604 - Discharge by cancellation or renunciation.
62A.3-605 - Discharge of indorsers and accommodation parties.