Title 11, Chapter 9, Section 404
( 11-9-404)
Rights acquired by assignee; claims and defenses against assignee. (a) Assignee's rights subject to terms, claims, and defenses;
exceptions. Unless an account debtor has made an enforceable
agreement not to assert defenses or claims and subject to
subsections (b) through (e) of this Code section, the rights of an
assignee are subject to: (1) All terms of the agreement between the account debtor and
assignor and any defense or claim in recoupment arising from the
transaction that gave rise to the contract; and (2) Any other defense or claim of the account debtor against the
assignor which accrues before the account debtor receives a
notification of the assignment authenticated by the assignor or
the assignee. (b) Account debtor's claim reduces amount owed to assignee. Subject
to subsection (c) of this Code section and except as otherwise
provided in subsection (d) of this Code section, the claim of an
account debtor against an assignor may be asserted against an
assignee under subsection (a) of this Code section only to reduce
the amount the account debtor owes. (c) Rule for individual under other law. This Code section is
subject to law other than this article 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. (d) Omission of required statement in consumer transaction. In a
consumer transaction, if a record evidences the account debtor's
obligation, law other than this article requires that the record
include a statement to the effect that the account debtor's recovery
against an assignee with respect to claims and defenses against the
assignor may not exceed amounts paid by the account debtor under the
record, and the record does not include such a statement, the extent
to which a claim of an account debtor against the assignor may be
asserted against an assignee is determined as if the record included
such a statement. (e) Inapplicability to health care insurance receivable. This Code
section does not apply to an assignment of a health care insurance
receivable. |