Loading chat...

NC H1060

Bill

Status

Introduced

5/10/2016

Primary Sponsor

Robert Bryan

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Clarifies that a claim is discharged if the claimant knew the instrument was tendered as full satisfaction before collection was initiated.

  • 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

Committee Referrals

Judiciary I6/9/2016
Judiciary IV5/11/2016

Full Bill Text

No bill text available