{"data":{"id":"us-ky/krs-355.3-311","jurisdiction":"us-ky","citation":"KRS 355.3-311","heading":"Accord and satisfaction by use of instrument.","body":"(1) If a person against whom a claim is asserted proves that:\n(a) That person in good faith tendered an instrument to the claimant as full\nsatisfaction of the claim;\n(b) The amount of the claim was unliquidated or subject to a bona fide dispute;\nand\n(c) The claimant obtained payment of the instrument,\nthe following subsections apply.\n(2) Unless subsection (3) of this section applies, the claim is discharged if the person\nagainst whom the claim is asserted proves that the instrument or an accompanying\nwritten c ommunication contained a conspicuous statement to the effect that the\ninstrument was tendered as full satisfaction of the claim.\n(3) Subject to subsection (4) of this section, a claim is not discharged under subsection\n(2) of this section if either of the following applies:\n(a) The claimant, if an organization, proves that:\n1. Within a reasonable time before the tender, the claimant sent a\nconspicuous statement to the person against whom the claim is asserted\nthat communications concerning disputed debts, including an instrument\ntendered as full satisfaction of a debt, are to be sent to a designated\nperson, office, or place; and\n2. The instrument or accompanying communication was not received by\nthat designated person, office, or place.\n(b) The claimant, whe ther or not an organization, proves that within ninety (90)\ndays after payment of the instrument, the claimant tendered repayment of the\namount of the instrument to the person against whom the claim is asserted.\nThis paragraph does not apply if the claiman t is an organization that sent a\nstatement complying with paragraph (a)1. of this subsection.\n(4) A claim is discharged if the person against whom the claim is asserted proves that\nwithin a reasonable time before collection of the instrument was initiated,  the\nclaimant, or an agent of the claimant having direct responsibility with respect to the\ndisputed obligation, knew that the instrument was tendered in full satisfaction of the\nclaim.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33469","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:44Z","sha256":"85f23a1e292a8725f4f747517c15aee40e34e42dd2f04113002fc88c9a2ff549","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.3-310","next":"us-ky/krs-355.3-312"},"notice":"GroundRules: Original legal text. Not legal advice."}
