A receipt acknowledging payment of a specific obligation. An apocha discharges only the obligation represented by the payment.
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Cases
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How its tested
Common Examples
6
Welfare Payment Acknowledgment
Alexis Archer received her final need-based welfare payment after an evidentiary hearing. The agency issued an apocha confirming receipt of that month's amount. The document discharged only the obligation for the payment already made.
Removal Filing Deadline
Albert Allen received the initial pleading in state court. His counsel filed the notice of removal exactly twenty-nine days later and attached an apocha showing payment of the filing fee. The apocha confirmed only the fee payment itself.
Spendthrift Trust Distribution
Angela Acosta received a trust distribution despite a valid spendthrift provision. The trustee delivered an apocha acknowledging the amount paid. The apocha released only the trustee's duty for that particular distribution.
Abigail Alvarez rightfully rejected nonconforming goods still in her possession. She retained them under a security interest and obtained an apocha from the seller acknowledging her payments and expenses. The apocha covered only those amounts actually paid.
Stolen Property Receipt Offense
Adam Anderson received personal property he knew had been stolen. He later made restitution to the owner. The owner issued an apocha confirming receipt of that payment. The apocha acknowledged only the specific sum paid.
Officer Financial Benefit
Andrew Avery, a corporate officer, received an unauthorized payment from the company. The board issued an apocha documenting the amount received. The apocha acknowledged only that single financial benefit.
3 common questions
Students Frequently Ask...
How does an apocha differ from an acceptilation?
An apocha discharges only the specific obligation represented by the payment received. An acceptilation, by contrast, discharges an entire debt.
Does an apocha require actual payment to be effective?
An apocha acknowledges that payment has occurred. It therefore presupposes that the payment has in fact been made.
Can an apocha be used to release more than one obligation?
No. An apocha releases only the obligation represented by the particular payment it acknowledges.
5 U.S. (1 Cranch) 137 (1803)
…of justices of the peace; that as many as twelve commissions for that county were delivered to him for which he gave a receipt which he left in the office; finding he could not conveniently carry the whole he returned several and struck a pen through some names in the receipt which he returned. Among the…