Legal Question in Business Law in Georgia

Re: Accept as payment in full

Generally, writing something like that on a check does not get you out of the debt. Otherwise, many people would try to slip that in on all of their bill pmts.

Re: Accept as payment in full

This is where reasonable minds can disagree. My opinion is that by depositing your check, you have reached and "Accord and Satisfaction". However, any judge may disagree.

See: 13-4-103. Acceptance of less than amount of debt.

(a) Except as otherwise provided in this Code section, an agreement by a

creditor to receive less than the amount of his debt cannot be pleaded as

an accord and satisfaction unless it is actually executed by the payment of

the money, the giving of additional security, the substitution of another

debtor, or some other new consideration.

(b) Acceptance by a creditor of a check, draft, or money order marked

"payment in full" or with language of equivalent condition, in an amount

less than the total indebtedness, shall not constitute an accord and

satisfaction unless:

(1) A bona fide dispute or controversy exists as to the amount due; or

(2) Such payment is made pursuant to an independent agreement between the

creditor and debtor that such payment shall satisfy the debt.

13-4-101. Elements and requirements of accord and satisfaction generally.

Accord and satisfaction occurs where the parties to an agreement, by a

subsequent agreement, have satisfied the former agreement, and the latter

agreement has been executed. The execution of a new agreement may itself

amount to a satisfaction of the former agreement, where it is so expressly

agreed by the parties; and, without such agreement, if the new promise is

founded on a new consideration, the taking of it is a satisfaction of the

former agreement.