§12A-3-311.

§12A-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) 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.
   
   (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.