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Louisiana Revised Statutes & Codes

La. Rev. Stat. § 10:3-311 (2026)

Accord and satisfaction by use of instrument

✓ current as of May 2026
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§3-311.  Accord and satisfaction by use of instrument

(a)  If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following Subsections apply.  

(b)  Unless Subsection (c) 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.

(c)  Subject to Subsection (d), a claim is not discharged under Subsection (b) if either of the following applies:

(1)  The claimant, if an organization, proves that (i) 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 (ii) 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 90 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.  This Paragraph does not apply if the claimant is an organization that sent a statement complying with Paragraph (1)(i).  

(d)  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.  

Acts 1992, No. 1133, §3, eff. July 1, 1993; Acts 1993, No. 948, §10, eff. Jan. 1, 1994.  

Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2024–2026 · leading case: Calhoun v. CarMax Bus. Servs., LLC, No. 3:24-cv-00660 (M.D. La. July 15, 2025).
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Calhoun v. CarMax Bus. Servs., LLC, No. 3:24-cv-00660 (M.D. La. July 15, 2025). · cites it 3× “R.S. 10:3-311 and UCC § 3-311.13 As alleged by Plaintiff, “ Defendant, ‘CarMax’ agents and employees failed to credit Plaintiff’s account as ‘Paid as Agreed and/or Paid in Full’ after the receipt of payments being tendered in good faith for full satisfaction of all claims owed…”
Richardson v. United Wholesale Mortg., LLC, No. 3:24-cv-00276, 2024 WL 5264095 (M.D. La. Dec. 31, 2024). · cites it 2× “R.S. 10:3-311. If that were the case, no mortgage loan would ever be made.”
Truehill v. Mfrs. & Traders Trust Co., No. 3:24-cv-00971 (M.D. La. Apr. 1, 2025). · cites it 2× “R.S. 10:3-311, and the legal definition of Debt Bondage under 22 U.”
Calhoun, No. 3:24-cv-00660 (M.D. La. May 26, 2026). · cites it 2× “R.S. 10:3-311 and UCC § 3-311, governing “accord and satisfaction by use of instrument,” provide: “If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of…”
La. Rev. Stat. § 10:3-311(a): 2 cases
Calhoun v. CarMax Bus. Servs., LLC, No. 3:24-cv-00660 (M.D. La. July 15, 2025). “R.S. 10:3-311 and UCC § 3-311.13 As alleged by Plaintiff, “ Defendant, ‘CarMax’ agents and employees failed to credit Plaintiff’s account as ‘Paid as Agreed and/or Paid in Full’ after the receipt of payments being tendered in good faith for full satisfaction of all claims owed…”
Calhoun, No. 3:24-cv-00660 (M.D. La. May 26, 2026). “R.S. 10:3-311 and UCC § 3-311, governing “accord and satisfaction by use of instrument,” provide: “If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of…”
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