673.6041
Discharge by cancellation or renunciation.
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673.6041 Discharge by cancellation or renunciation.—
(1) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument:
(a) By an intentional voluntary act, such as:
1. Surrender of the instrument to the party;
2. Destruction, mutilation, or cancellation of the instrument;
3. Cancellation or striking out of the party’s signature; or
4. Addition of words to the instrument indicating discharge; or
(b) By agreeing not to sue or otherwise renouncing rights against the party by a signed writing.
The obligation of a party to pay a check is not discharged solely by destruction of the check in connection with a process that involves the extraction of information from the check and an image of the check is made and, subsequently, the information and image are transmitted for payment.
(2) Cancellation or striking out of an indorsement pursuant to subsection (1) does not affect the status and rights of a party derived from the indorsement.
History.—s. 2, ch. 92-82; s. 52, ch. 2025-92.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 2000–2024 · leading case: Cole Taylor Bank v. Shannon
Cole Taylor Bank v. Shannon (2000)
“Under section 673.6041(1)(a), Florida Statutes (1997), an instrument may be discharged "by an intentional voluntary act" including, surrender of the instrument; destruction, mutilation or cancellation of the instrument; cancellation or striking out of the party's signature; or…”
All Real Estate Title Services, Inc. v. Minqh Quang Vuu (2010)
“Cancellation or renunciation of a promissory note and release of security is ineffective if it is unintentional or procured by mistake.”
SS Funding LLC v. Phelan (2008)
“Section 673.6041 provides in part as follows: (1) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: (a) By an intentional voluntary act, such as: 1.”
Roper v. BMO Harris Bank (2024)
“Fla. Stat. § 673.6041 . Based on this provision, Plaintiffs allege that, by selling the auto loan note, Defendant “voluntarily discharged the Plaintiffs’ debt .”
LAURITSEN v. Wallace (2011)
“This comports with Whitley and the requirements of section 673.6041(1)(b) that a debt may be cancelled by a signed writing subject to other prohibitions.”
— 673.6041(1)(a) — 1 case
Cole Taylor Bank v. Shannon (2000)
“Under section 673.6041(1)(a), Florida Statutes (1997), an instrument may be discharged "by an intentional voluntary act" including, surrender of the instrument; destruction, mutilation or cancellation of the instrument; cancellation or striking out of the party's signature; or…”
— 673.6041(1)(b) — 2 cases
Cole Taylor Bank v. Shannon (2000)
“Under section 673.6041(1)(a), Florida Statutes (1997), an instrument may be discharged "by an intentional voluntary act" including, surrender of the instrument; destruction, mutilation or cancellation of the instrument; cancellation or striking out of the party's signature; or…”
LAURITSEN v. Wallace (2011)
“This comports with Whitley and the requirements of section 673.6041(1)(b) that a debt may be cancelled by a signed writing subject to other prohibitions.”
— 673.6041(l)(a) — 1 case
SS Funding LLC v. Phelan (2008)
“Section 673.6041 provides in part as follows: (1) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument: (a) By an intentional voluntary act, such as: 1.”
— 673.6041(l)(b) — 1 case
LAURITSEN v. Wallace (2011)
“This comports with Whitley and the requirements of section 673.6041(1)(b) that a debt may be cancelled by a signed writing subject to other prohibitions.”
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