According to Ohio courts, an accord is a contract between a debtor and a creditor in which the creditor’s claim is settled in exchange for a sum of money other than that which is allegedly due.[i] Satisfaction is the performance of that contract.
Two essential safeguards in the doctrine of accord and satisfaction to protect creditors from overreaching debtors are that:
- there must be a good-faith dispute about the debt, and
- the creditor must have reasonable notice that the check is intended to be in full satisfaction of the debt.[ii]
An accord executed is a satisfaction. However, an accord executory is only substituting one cause of action in the room of another.[iii]
[i] Allen v. R.G. Indus. Supply, 66 Ohio St. 3d 229 (Ohio 1993)
[ii] Lightbody v. Rust, 2003 Ohio 3937 (Ohio Ct. App., Cuyahoga County July 24, 2003)
[iii] Frost v. Johnson, 8 OHIO 393 (Ohio 1838)