(1) As used in this section, “value” has the meaning provided in ORS 73.0303 (1).
(2) Except as otherwise provided in this section, an agreement between an account debtor and an assignor not to assert against an assignee any claim or defense that the account debtor may have against the assignor is enforceable by an assignee that takes an assignment:
(a) For value;
(b) In good faith;
(c) Without notice of a claim of a property or possessory right to the property assigned; and
(d) Without notice of a defense or claim in recoupment of the type that may be asserted against a person entitled to enforce a negotiable instrument under ORS 73.0305 (1).
(3) Subsection (2) of this section does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under ORS 73.0305 (2).
(4) In a consumer transaction, if a record evidences the account debtor’s obligation, law other than this chapter requires that the record include a statement to the effect that the rights of an assignee are subject to claims or defenses that the account debtor could assert against the original obligee, and the record does not include such a statement:
(a) The record has the same effect as if the record included such a statement; and
(b) The account debtor may assert against an assignee those claims and defenses that would have been available if the record included such a statement.
(5) This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(6) Except as otherwise provided in subsection (4) of this section, this section does not displace law other than this chapter which gives effect to an agreement by an account debtor not to assert a claim or defense against an assignee. [2001 c.445 §65]Section: Previous 79.0338 79.0339 79.0340 79.0341 79.0342 79.0401 79.0402 79.0403 79.0404 79.0405 79.0406 79.0407 79.0408 79.0409 79.0501 Next
Last modified: August 7, 2008