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NC H1060
Bill
Status
5/10/2016
Primary Sponsor
Robert Bryan
Click for details
AI Summary
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Modifies G.S. 25-3-311 to align North Carolina's accord and satisfaction law with the Uniform Commercial Code regarding disputed debts paid by negotiable instrument.
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Allows a claim to be discharged when a person tenders a negotiable instrument as full satisfaction if the claim was unliquidated or disputed and the claimant obtains payment, provided the instrument contained a conspicuous statement of full satisfaction.
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Adds a new exception allowing claims to remain undischarged if the claimant repays the instrument amount within 90 days after payment, unless the claimant previously sent a conspicuous statement designating a specific person or office for disputed debt communications.
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Clarifies that a claim is discharged if the claimant knew the instrument was tendered as full satisfaction before collection was initiated.
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Becomes effective October 1, 2016, and applies to negotiable instruments tendered in full satisfaction of claims on or after that date.
Legislative Description
Conform Full-payment Check Law to UCC
Last Action
Ref To Com On Judiciary I
6/9/2016