Tennessee Code Annotated
Tenn. Code Ann. § 47-3-311 (2026)
Accord and satisfaction by use of instrument
✓ current as of May 2026
- (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 ninety (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 1995, ch. 397, § 2.
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 2002–2022 · leading case: Bank/First Citizens Bank v. Citizens & Assocs., 82 S.W.3d 259 (Tenn. 2002).
Bank/First Citizens Bank v. Citizens & Assocs., 82 S.W.3d 259 (Tenn. 2002). “See Tenn.Code Ann. §§ 47-3-311 cmt. 4, 47-4-103 cmt.”
Jody Pendergrass v. Brandon Ingram (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 47-3-311 . A claim is not discharged under subsection (b) if “[t]he claimant…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.”
Jody Pendergrass v. Brandon Ingram (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 47-3-311 . A claim is not discharged under subsection (b) if “[t]he claimant…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.”
Cent. Bank v. Jeff Wilkes (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 47-3-311 . A claim is not discharged under subsection (b) if “[t]he claimant…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.”
ECIMOS, LLC v. Carrier Corp. (W.D. Tenn. 2022). “” Tenn. Code Ann. § 47-3-311 (b). The instrument must also be tendered to the claimant by the party against whom the claim is asserted.”
Hardy, Tracy v. Hershey Co., 2019 TN WC 96 (Tenn. Ct. Work. Comp. Cl. 2019). “The Court first addresses Hershey's accord and satisfaction defense, which is governed by Tennessee Code Annotated section 47-3-311 (2018). The statute provides: (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to…”
Hardy, Tracy v. Hershey Co., 2019 TN WC 157 (Tenn. Ct. Work. Comp. Cl. 2019). “At the hearing, Hershey correctly noted that the doctrine of accord and satisfaction is governed by Tennessee Code Annotated section 47-3-311 (2018). The statute provides: (a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an…”
Anthony Arrington v. Barbara Bryant (2019). “§ 47-3-311 (2001), which provides, in pertinent part, as follows: (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…”
— Tenn. Code Ann. § 47-3-311(c)(2) — 3 cases
Jody Pendergrass v. Brandon Ingram (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 47-3-311 . A claim is not discharged under subsection (b) if “[t]he claimant…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.”
Jody Pendergrass v. Brandon Ingram (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 47-3-311 . A claim is not discharged under subsection (b) if “[t]he claimant…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.”
Cent. Bank v. Jeff Wilkes (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 47-3-311 . A claim is not discharged under subsection (b) if “[t]he claimant…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.”
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