Georgia has a relatively new statute that is part of our Uniform Commercial Code that permits accord and satisfaction by acceptance of a properly marked check. The Blitch case is the first Georgia case to apply that statute. According to the Court of Appeals, this is what you must do to tender a check to create a valid accord and satisfaction.
The person tendering the check for a lesser amount must do so in good faith. In other words, you can’t try to trick the recipient, especially a large organization, who may not read every word on the check.
The amount of the claim must be subject to a bona fide dispute. Both sides must be aware of the disagreement over the amount owed.
On the check, or in a letter accompanying the check, there must be a written conspicuous statement to the effect that the check was tendered as full satisfaction of the dispute. A statement is “conspicuous” if it is so written that a reasonable person against whom it is to operate ought to have noticed it.