Okla. Stat. tit. 12A, § 12A-3-305
This is the official text of Okla. Stat. tit. 12A, § 12A-3-305, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Defenses and Claims in Recoupment
Official statutory text
DEFENSES AND CLAIMS IN RECOUPMENT
(a) Except as otherwise provided in this section, the right to
enforce the obligation of a party to pay an instrument is subject to
the following:
(1) a defense of the obligor based on (i) infancy of the
obligor to the extent it is a defense to a simple
contract, (ii) duress, lack of legal capacity, or
illegality of the transaction which, under other law,
nullifies the obligation of the obligor, (iii) fraud
that induced the obligor to sign the instrument with
neither knowledge nor reasonable opportunity to learn
of its character or its essential terms, or (iv)
discharge of the obligor in insolvency proceedings;
(2) a defense of the obligor stated in another section of
this article or a defense of the obligor that would be
available if the person entitled to enforce the
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 299
instrument were enforcing a right to payment under a
simple contract; and
(3) a claim in recoupment of the obligor against the
original payee of the instrument if the claim arose
from the transaction that gave rise to the instrument;
but the claim of the obligor may be asserted against a
transferee of the instrument only to reduce the amount
owing on the instrument at the time the action is
brought.
(b) The right of a holder in due course to enforce the
obligation of a party to pay the instrument is subject to defenses
of the obligor stated in paragraph (1) of subsection (a) of this
section, but is not subject to defenses of the obligor stated in
paragraph (2) of subsection (a) of this section or claims in
recoupment stated in paragraph (3) of subsection (a) of this section
against a person other than the holder.
(c) Except as stated in subsection (d) of this section, in an
action to enforce the obligation of a party to pay the instrument,
the obligor may not assert against the person entitled to enforce
the instrument a defense, claim in recoupment, or claim to the
instrument (Section 3-306 of this title) of another person, but the
other person's claim to the instrument may be asserted by the
obligor if the other person is joined in the action and personally
asserts the claim against the person entitled to enforce the
instrument. An obligor is not obliged to pay the instrument if the
person seeking enforcement of the instrument does not have rights of
a holder in due course and the obligor proves that the instrument is
a lost or stolen instrument.
(d) In an action to enforce the obligation of an accommodation
party to pay an instrument, the accommodation party may assert
against the person entitled to enforce the instrument any defense or
claim in recoupment under subsection (a) of this section that the
accommodated party could assert against the person entitled to
enforce the instrument, except the defenses of discharge in
insolvency proceedings, infancy, and lack of legal capacity.
(e) This section is subject to law other than this article that
establishes a different rule for consumer transactions.
(a) Except as otherwise provided in this section, the right to
enforce the obligation of a party to pay an instrument is subject to
the following:
(1) a defense of the obligor based on (i) infancy of the
obligor to the extent it is a defense to a simple
contract, (ii) duress, lack of legal capacity, or
illegality of the transaction which, under other law,
nullifies the obligation of the obligor, (iii) fraud
that induced the obligor to sign the instrument with
neither knowledge nor reasonable opportunity to learn
of its character or its essential terms, or (iv)
discharge of the obligor in insolvency proceedings;
(2) a defense of the obligor stated in another section of
this article or a defense of the obligor that would be
available if the person entitled to enforce the
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 299
instrument were enforcing a right to payment under a
simple contract; and
(3) a claim in recoupment of the obligor against the
original payee of the instrument if the claim arose
from the transaction that gave rise to the instrument;
but the claim of the obligor may be asserted against a
transferee of the instrument only to reduce the amount
owing on the instrument at the time the action is
brought.
(b) The right of a holder in due course to enforce the
obligation of a party to pay the instrument is subject to defenses
of the obligor stated in paragraph (1) of subsection (a) of this
section, but is not subject to defenses of the obligor stated in
paragraph (2) of subsection (a) of this section or claims in
recoupment stated in paragraph (3) of subsection (a) of this section
against a person other than the holder.
(c) Except as stated in subsection (d) of this section, in an
action to enforce the obligation of a party to pay the instrument,
the obligor may not assert against the person entitled to enforce
the instrument a defense, claim in recoupment, or claim to the
instrument (Section 3-306 of this title) of another person, but the
other person's claim to the instrument may be asserted by the
obligor if the other person is joined in the action and personally
asserts the claim against the person entitled to enforce the
instrument. An obligor is not obliged to pay the instrument if the
person seeking enforcement of the instrument does not have rights of
a holder in due course and the obligor proves that the instrument is
a lost or stolen instrument.
(d) In an action to enforce the obligation of an accommodation
party to pay an instrument, the accommodation party may assert
against the person entitled to enforce the instrument any defense or
claim in recoupment under subsection (a) of this section that the
accommodated party could assert against the person entitled to
enforce the instrument, except the defenses of discharge in
insolvency proceedings, infancy, and lack of legal capacity.
(e) This section is subject to law other than this article that
establishes a different rule for consumer transactions.
Status: in_force · Read it on the official government site
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