Okla. Stat. tit. 14A, § 14A-2-404
This is the official text of Okla. Stat. tit. 14A, § 14A-2-404, part of Oklahoma’s Stat. tit. 14A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 14A,." Browse the sections below, each linked to its official government source.
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When assignee not subject to defense
Official statutory text
(1) With respect to a consumer credit sale or consumer lease,
an agreement by the buyer or lessee not to assert against an
assignee a claim or defense arising out of the sale or lease is
enforceable only by an assignee not related to the seller or lessor
who acquires the buyer's or lessee's contract in good faith and for
value, who gives the buyer or lessee notice of the assignment as
provided in this section and who, within thirty (30) days after the
mailing of the notice of assignment, receives no written notice of
the facts giving rise to the buyer's or lessee's claim or defense.
This agreement is enforceable only with respect to claims or
defenses which have arisen before the end of the thirty-day period
after notice was mailed. The notice of assignment shall be in
writing and addressed to the buyer or lessee at his address as
stated in the contract, identify the contract, describe the goods or
services, state the names of the seller or lessor and buyer or
lessee, the name and address of the assignee, the amount payable by
the buyer or lessee and the number, amounts and due dates of the
installments, and contain a conspicuous notice to the buyer or
lessee that he has thirty (30) days within which to notify the
assignee in writing of any complaints, claims or defenses he may
have against the seller or lessor and that if written notification
of the complaints, claims or defenses is not received by the
assignee within the thirty-day period, the assignee will have the
right to enforce the contract free of any claims or defenses the
buyer or lessee may have against the seller or lessor which have
arisen before the end of the thirty-day period after notice was
mailed.
(2) An assignee does not acquire a buyer's or lessee's contract
in good faith within the meaning of subsection (1) if the assignee
has knowledge or, from his course of dealing with the seller or
Oklahoma Statutes - Title 14A. Consumer Credit Code Page 70
lessor or his records, notice of substantial complaints by other
buyers or lessees of the seller's or lessor's failure or refusal to
perform his contracts with them and of the seller's or lessor's
failure to remedy his defaults within a reasonable time after the
assignee notifies him of the complaints.
(3) To the extent that under this section an assignee is
subject to claims or defenses of the buyer or lessee against the
seller or lessor, the assignee's liability under this section may
not exceed the amount owing to the assignee at the time the claim or
defense is asserted against the assignee and rights of the buyer or
lessee under this section can only be asserted as a matter of
defense to or setoff against a claim by the assignee.
an agreement by the buyer or lessee not to assert against an
assignee a claim or defense arising out of the sale or lease is
enforceable only by an assignee not related to the seller or lessor
who acquires the buyer's or lessee's contract in good faith and for
value, who gives the buyer or lessee notice of the assignment as
provided in this section and who, within thirty (30) days after the
mailing of the notice of assignment, receives no written notice of
the facts giving rise to the buyer's or lessee's claim or defense.
This agreement is enforceable only with respect to claims or
defenses which have arisen before the end of the thirty-day period
after notice was mailed. The notice of assignment shall be in
writing and addressed to the buyer or lessee at his address as
stated in the contract, identify the contract, describe the goods or
services, state the names of the seller or lessor and buyer or
lessee, the name and address of the assignee, the amount payable by
the buyer or lessee and the number, amounts and due dates of the
installments, and contain a conspicuous notice to the buyer or
lessee that he has thirty (30) days within which to notify the
assignee in writing of any complaints, claims or defenses he may
have against the seller or lessor and that if written notification
of the complaints, claims or defenses is not received by the
assignee within the thirty-day period, the assignee will have the
right to enforce the contract free of any claims or defenses the
buyer or lessee may have against the seller or lessor which have
arisen before the end of the thirty-day period after notice was
mailed.
(2) An assignee does not acquire a buyer's or lessee's contract
in good faith within the meaning of subsection (1) if the assignee
has knowledge or, from his course of dealing with the seller or
Oklahoma Statutes - Title 14A. Consumer Credit Code Page 70
lessor or his records, notice of substantial complaints by other
buyers or lessees of the seller's or lessor's failure or refusal to
perform his contracts with them and of the seller's or lessor's
failure to remedy his defaults within a reasonable time after the
assignee notifies him of the complaints.
(3) To the extent that under this section an assignee is
subject to claims or defenses of the buyer or lessee against the
seller or lessor, the assignee's liability under this section may
not exceed the amount owing to the assignee at the time the claim or
defense is asserted against the assignee and rights of the buyer or
lessee under this section can only be asserted as a matter of
defense to or setoff against a claim by the assignee.
Status: in_force · Read it on the official government site
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