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West Virginia – Accord and Satisfaction

According to West Virginia courts, to show an accord and satisfaction, the person asserting the defense must prove three elements such as:

  • There must be some consideration to support an accord and satisfaction,
  • The debtor must offer the payment of consideration in full satisfaction of the disputed claim, and
  • The creditor must accept the consideration tendered with the knowledge that the debtor offered it only upon condition that the creditor accept the consideration in full satisfaction of the disputed claim or not at all.[i]

 

[i] Charleston Urban Renewal Auth. v. Stanley, 176 W. Va. 591 (W. Va. 1985)


Inside West Virginia – Accord and Satisfaction