Okla. Stat. tit. 12A, § 12A-3-311
This is the official text of Okla. Stat. tit. 12A, § 12A-3-311, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Accord and Satisfaction by Use of Instrument
Official statutory text
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) of this section 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.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 304
(c) Subject to subsection (d) of this section, a claim is not
discharged under subsection (b) of this section 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; or
(2) The claimant, whether or not an organization, proves
that within ninety (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 subparagraph (i) of paragraph
(1) of this subsection.
(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.
(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) of this section 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.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 304
(c) Subject to subsection (d) of this section, a claim is not
discharged under subsection (b) of this section 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; or
(2) The claimant, whether or not an organization, proves
that within ninety (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 subparagraph (i) of paragraph
(1) of this subsection.
(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.
Status: in_force · Read it on the official government site
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