Laws Lawyers Find Laws Legal Forms State Laws Bills

FLORIDA STATUTES AND CODES

679.4031 Agreement not to assert defenses against assignee.

Listen
679.4031 Agreement not to assert defenses against assignee.(1) In this section, the term “value” has the meaning provided in s. 673.3031(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 s. 673.3051(1). (3) Subsection (2) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under s. 673.3051(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), 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.History.s. 4, ch. 2001-198; s. 144, ch. 2007-5.
Loading...
  • Play
  • Pause
  • Volume:
  • Mute
  • Half
  • Max
  • 679.4031 Agreement not to assert defenses against assignee.

       (1) In this section, the term “value” has the meaning provided in s. 673.3031(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 s. 673.3051(1).

       (3) Subsection (2) does not apply to defenses of a type that may be asserted against a holder in due course of a negotiable instrument under s. 673.3051(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), 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.

    History. s. 4, ch. 2001-198; s. 144, ch. 2007-5.

    Florida Forms by Issue

    Florida Court Forms
    > Criminal
    > Probate
    > Civil (County)
    > Civil (District)
    > Dispute
    Florida Divorce Forms
    Florida Emancipation Forms
    Florida Family Forms
    Florida Guardianship Forms
    Florida Tax Forms

    Florida Law

    Florida State Laws
        > Florida Administrative Code
        > Florida Child Support
        > Florida Gun Laws
        > Florida Statutes
    Florida State
        > Florida Counties
        > Florida Senators
        > Florida Zip Codes
    Florida Tax
        > Florida Sales Tax
        > Florida State Tax
    Florida Labor Laws
        > Florida Minimum Wage
        > Florida Unemployment
    Florida Agencies
        > Better Business Bureau Florida
        > Florida Child Support
        > Florida Child Support Payments
        > Florida Department of Corrections
        > Florida Department of Health
        > Florida Department of Law Enforcement
        > Florida Department of Transportation
        > Florida Division of Corporations
        > Florida DMV
        > Florida Medicaid
        > Florida Secretary of State
        > Florida Secretary of State Corporations

    Florida Court Map

    Tips