Montana § 30-3-311 - Accord And Satisfaction By Use Of Instrument

§ 30-3-311. Accord And Satisfaction By Use Of Instrument

Accord and satisfaction by use of instrument. (1) This section applies if a person against whom a claim is asserted proves that: (a) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim; (b) the amount of the claim was unliquidated or subject to a bona fide dispute; and (c) the claimant obtained payment of the instrument. (2) Unless subsection (3) 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. (3) Subject to subsection (4), a claim is not discharged under subsection (2) if the claimant is an organization and proves that 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 the instrument or accompanying communication was not received by that designated person, office, or place. (4) Notwithstanding subsection (3), a claim is discharged under subsection (2) if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, 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 or received the instrument and any accompanying written communication.