accord and satisfaction check

• Parma v.Wielicki, (Ohio 2011)

Appellants failed to establish an accord and satisfaction of their municipal tax debt where their initial alleged bona fide dispute was refuted and replaced by an argument raised for the first time in opposition to summary judgment. Appellants’ purported accord and satisfaction further lacked the requisite element of consideration as appellants offered municipality a check for the precise amount of an undisputed tax obligation for the year 2008 and the municipality received absolutely no consideration for the tax obligations in the disputed years of 2005, 2006, and 2007.

• Ohio Supreme Court

• Herres v. Millwood Homeowners Assn., Inc., (Ohio 2010)

Trial court did not err in rendering summary judgment for defendant in action for breach of contract, quantum meruit, and on account. Letter accompanying one of two checks paid to, and cashed by, plaintiff, put plaintiff clearly on notice that his services were terminated and the accompanying payment was intended to be payment in full for services previously performed, thus constituting an accord and satisfaction. Fact that a second check, dated the same day, was sent by defendant to plaintiff, without a similar accompanying letter, did not create a genuine issue of material fact concerning the issue of accord and satisfaction. The purport of the letter was clear, and the existence of the second check did not contradict or undermine the statement in the letter that the payment includ...

• Ohio Supreme Court

• Mechanic's Liens in California

In many ways the construction industry is special, but in the ways of mechanic's liens the construction industry is actually unique. In no other industry does a merchant have the ability to impose a debt on a stranger. Only in the construction industry are contractors, material suppliers, equipment renters, and laborers given the right to impose a lien on real property without the owner's consent. The mechanic's lien right in the State of California is constitutional in origin. Because the Constitution is not self-executing, the legislature must enact a procedure for enforcing mechanic's lien rights. The Mechanic's Lien Law, as it is commonly known, is found in California Civil Code Sections 3082 to 3267. An owner or contractor may remove a mechanic's lien claim from the title by record...

... of the work of improvement in strict accordance with the plans and specifications for that particu... for a lessee, the claimant will need to check the records at the Office of the County Recorder f... will constitute an "accord and satisfaction" if the check is issued in connection with a relea...

• Business Credit
• Vol. 108 Nbr. 9, October 2006

• Mooney v. Finnerty, (Ohio 2006)

Contracts - Debtor/Creditor: When the required elements for an accord and satisfaction are present, when the parties to a contract have a good-faith dispute about the debt, and when the creditor has reasonable notice that the check tendered by the debtor is intended to be a full settlement of the debt, the defense of accord and satisfaction may be asserted against a claim for monetary damages. A debtor may provide reasonable notice that a check is intended to be a full settlement of a debt by language on the check itself or by extrinsic evidence of a separate agreement between the parties. Where a contract is not both procedurally and substantively unconscionable, the contract cannot be avoided under the doctrine of unconscionability.

• Ohio Supreme Court

• Nexus Communications, Inc. v. Qwest Communications Corp., (Ohio 2011)

Genuine issues of material fact precluded summary judgment where the competing affidavits revealed competing understandings of the term "base rates" on which services were provided on a month-to-month basis following termination of the one-year written agreement between the parties.

...�terms if not terminated earlier in  accordance with the QTAA's termination provisions. The termin...." The same day Fenker sent defendant a  check for $13,321 in purported full satisfaction of ..., among other defenses, accord and satisfaction. On the same day, plaintiff filed  a motion for...

• Ohio Supreme Court

• Civil Law Compromise, Common Law Accord and Satisfaction: Can the Two Doctrines Coexist in Louisiana?

Introduction. I. Definition: What Are Compromise and Accord and Satisfaction?. A. Civil Law Compromise. B. Common Law Accord and Satisfaction. C. Intersection of Civil Law Compromise and Common Law Accord and Satisfaction. II. Interpretation: Are the Two Doctrines Different?. A. Civil Law Compromise: Subjective Inquiry. B. Common Law Accord and Satisfaction: Objective Analysis. C. Divergence of Civil Law Compromise and Common Law Accord and Satisfaction. III. Can the Two Doctrines Coexist? A Look at Louisiana Law. A. Louisiana Compromise-Civil Law Compromise. B. Louisiana Accord and Satisfaction-Common Law Accord and Satisfaction with an Interpretive Twist. C. The Tangled Web of Judicial Confusion for Louisiana Settlement Agreements. IV. The 2007 Revision: A Solution?. A. Louisiana C...

... all, extra-large-and she replies with a check for $10, noting on the back, "For the full amount....

• Louisiana Law Review
• Nbr. 69-1, October 2008

• Mcmahon Food Corp., Plaintiff and Counterdefendant-Appellant, v. Burger Dairy Co., Defendant and Counterplaintiff-Appellee., 103 F.3d 1307 (7th Cir. 1997)

... Burger, asserting that it effected an accord and satisfaction of its debt by tendering two chec..., ruling that the accord which the first check purported to satisfy was obtained by deceit, while...

• Federal Circuits

• Tourville v. Terzuoli, (Ohio 2009)

When the amount of an outstanding debt is in dispute, the fact that the creditor cashed the debtor’s check for part of the amount the creditor claims is due does not, standing alone, prove an accord and satisfaction that bars an action by the creditor for the remaining balance the debtor allegedly owes; trial court did not abuse its discretion when it failed to order that a counterclaim that was voluntarily dismissed pursuant to Civ.R. 41(A)(2) is dismissed with prejudice. Reversed, in part, and remanded.

• Ohio Supreme Court

• Payment in Full?

An accord and satisfaction is a contractual method for discharging a debt, generally for less than the full amount owed. The "accord" is the agreement between the parties to accept an amount different than what is actually owed on an obligation, and the "satisfaction" is the payment of the new amount. A successful accord and satisfaction relieves the consumer of her legal obligation to pay the rest of the debt and serves as a defense for the consumer against legal action on the debt. The burden of proof falls on the person seeking the accord and satisfaction. Whether or not these elements have been met will turn on the facts of a specific case. Even with the definitions provided in the UCC, the terms "good faith" and "conspicuous" are quite ambiguous, and court interpretations may vary....

What should a creditor do when it receives a check from a consumer for less than the full balance owe...

• Collector
• Vol. 76 Nbr. 4, November 2010

• Craig A. and Roseann B. Miller, (2002)

...' gross income for 1999 must include a check for $11,091.90 that they received in 1999 but did ... a situation that might be construed as an accord and satisfaction concerning a disputed claim, the ...

• United States Tax Court