A creditor’s certification of a check clearly expressing that it is offered in full payment of a disputed claim generally constitutes sufficient acceptance and use of the check to result in an accord and satisfaction.[i]  However, certification may negate an acceptance of an offer of accord under circumstances such as:

• where the creditor merely intends to obtain certification for the limited purpose of security, rather than to discharge the underlying obligation;[ii]
• where the creditor lacks an intelligent appreciation of the possible consequences of certification;[iii] or
• where the debtor has waived the condition that the check be accepted as full payment.[iv]

[i] Kreutz v. Jacobs, 39 Ill. App. 3d 515, 349 N.E.2d 93 (3d Dist. 1976)

[ii] Melick v. Nauman, Vandervoort, Inc., 393 Mich. 774, 224 N.W.2d 280 (1974)

[iii] Kasco Mills, Inc. v. Ferebee, 197 Va. 589, 90 S.E.2d 866 (1956)

[iv] Cline v. Zappettini, 131 Cal. App. 2d 723, 281 P.2d 35 (1st Dist. 1955)