Citibank (South Dakota), N.A. v. Perz

Cosme, Judge.

{¶ 1} This is an appeal from a summary judgment in favor of appellee for the full amounts due and owing on two credit-card accounts and against appellant on her counterclaim. The trial court held that appellee’s negotiation of two checks for less than the outstanding balances, which were offered by appellant in complete satisfaction of the accounts, did not constitute an accord and satisfaction. For the following reasons, we reverse the judgment of the Toledo Municipal Court.

I. Background

{¶ 2} The relevant facts in this case are undisputed. Appellee, Citibank (South Dakota),…