How To Prove A Florida Accord and Satisfaction Defense

 

 

In Florida, a defense of Accord and Satisfaction is defined as:

An agreement to substitute for an existing debt some alternative form of discharging that debt, coupled with the actual discharge of the debt by the substituted performance. The new agreement is called the accord, and the discharge is called the satisfaction.

It simply means:

When one person owes another money, but they decide to settle the debt with a different form or amount of payment.

There are 3 elements of the defense:

• Element 1. There was an existing dispute between the parties regarding the proper amount owed from one party to the other. There was a disagreement between the two parties about how much one owed the other, which is a key part of the legal defense known as Accord and Satisfaction.
  

  Facts that might support this element look like:

  * The parties engaged in multiple discussions over several months regarding the outstanding balance, indicating a disagreement on the amount owed.
  * Correspondence between the parties included conflicting calculations of the debt, demonstrating a lack of consensus on the proper amount.
  * One party sent a payment that was less than the invoiced amount, explicitly stating it was a partial payment due to the disputed balance.
  * Both parties acknowledged the existence of a disagreement in written communications, highlighting their differing views on the total amount owed.
  * Prior to the payment, the parties had exchanged offers to settle the dispute, indicating an ongoing negotiation regarding the debt.

• Element 2. The parties mutually intended to effect a settlement of the existing dispute by a superseding agreement. Both parties agreed to resolve their disagreement by creating a new agreement that replaces the old one, showing their mutual intention to settle the issue at hand.
  

  Facts that might support this element look like:

  * Both parties engaged in negotiations over several weeks, discussing terms that would resolve the existing dispute.
  * The parties executed a written agreement that explicitly stated it was intended to replace all prior agreements related to the dispute.
  * Each party provided consideration in the form of concessions that were mutually beneficial, indicating a desire to settle the matter.
  * The parties communicated their intent to finalize the agreement during a meeting where they both expressed satisfaction with the terms.
  * Subsequent actions by both parties demonstrated compliance with the new agreement, further indicating their mutual intent to settle the dispute.

• Element 3. The debtor tendered, and the creditor accepted performance of the new agreement in full satisfaction and discharge of the prior disputed obligation. The debtor fulfilled a new agreement, and the creditor agreed to accept this performance, which resolved the earlier disagreement and cleared the debtor of any further obligations related to the original debt.
  

  Facts that might support this element look like:

  * The debtor sent a check to the creditor marked “payment in full” for the disputed amount, which the creditor cashed.
  * The parties engaged in negotiations that resulted in a new agreement, which both the debtor and creditor signed.
  * The creditor acknowledged receipt of the debtor’s performance under the new agreement in writing, confirming satisfaction of the prior obligation.
  * The debtor fulfilled all terms of the new agreement, and the creditor did not raise any objections at the time of performance.
  * The creditor accepted the debtor’s performance without reservation, indicating a mutual understanding that the prior obligation was discharged.

^{(See Republic Funding Corp. of Fla. v. Juarez, 563 So. 2d 145, 146 (F.L Court of Appeals, 5th Dist. 1990).)}
If you’re in court without a lawyer and plan to assert a Defense of Accord and Satisfaction, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.

Prove Your FL Accord and Satisfaction Defense

U.S. Civil Cases Only