In a dispute over a debt (how much is actually owed), if the person who is owed money accepts and deposits my check (with a note on the memo line saying: “in full payment of the debt owed by me”) is the debt discharged under Massachusetts law? M.B., Worcester.

You are describing an accord and satisfaction, a matter regulated by Massachusetts General Laws Chapter 106, Section 3-311. You (the “debtor”) may discharge your debt in the manner you describe if you can prove: (1) there was a bona fide or genuine dispute regarding the amount owed; (2) the person who is trying to collect the money (the “claimant”) received and accepted the check; and (3) the check, or an accompanying note, contained a conspicuous statement to the effect that the check was “tendered as full satisfaction of the claim.”

 However, there is no accord and satisfaction in the following situations:

First, if the claimant is an organization and, prior to receiving your check, it sent you a statement informing you that communications concerning the disputed debt, including an instrument tendered as full satisfaction of a debt, must be sent to a designated person, office, or place, and you did not send the check to the designated person, office, or place.

Second, if within 90 days of the payment of the check, the claimant—whether an organization or not—returns the amount of the check to you. However, this exception does not apply if the claimant is an organization and you complied with their statement regarding the disputed debt and sent your check to the designated person.  For more information or to post a question, visit our MA Consumer Law Discussion Forum.