Ohio § 1303.40
Full text of Ohio Ohio Revised Code § 1303.40, with citation guidance and answers to common questions.
§ 1303.40.
If a person against whom a claim is asserted proves that that person in good faith
tendered an instrument to the claimant as full satisfaction of the claim, that the
amount of the claim was unliquidated or subject to a bona fide dispute, and that the
claimant obtained payment of the instrument, all the following apply: (A) Unless division (B) 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. (B) Subject to division (C) of this section, a claim is not discharged under division
(A) of this section if either of the following applies: (1) The claimant, if an organization, proves both of the following: (a) Within a reasonable time before the person against whom the claim is asserted tendered
the instrument to the claimant, the claimant sent a conspicuous statement to the person
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. (b) The instrument or accompanying communication was not received by that designated
person, office, or place. (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. Division (B)(2) of this section does not apply if the claimant is an organization
that sent a statement complying with division (B)(1) of this section. (C) 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.
Frequently Asked Questions About Ohio § 1303.40
What does Ohio Revised Code § 1303.40 cover?
Section 1303.40 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 1303.40?
A common citation format is "Ohio Revised Code § 1303.40" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 1303.40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.