West Virginia Code § 46-3-311

Accord and satisfaction by use of instrument
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(a) If a person against whom a claim is asserted proved 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. u
(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 lto the person against whom the claim is
asserted that communications concerning dispsuted 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 communiication was sent to a lock box for the receipt of
payments of undisputed claims. g
(2) The claimant, whether or not an organization, proves that within ninety 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) A claim is dischar ged if the person against whom the claim is asserted proves that within
a reasonable tVime 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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