Section 3--303. In this section the meaning of "obligor" is not limited to the meaning given it in Section 9--102(a)(59)  


Latest version.
  • In this section the  term "person entitled to enforce the instrument" means (i) the holder of
      the instrument, (ii) a nonholder in possession of the instrument who has
      the rights of a holder, or (iii) a  person  not  in  possession  of  the
      instrument who is entitled to enforce the instrument pursuant to Article
      3  of  this  chapter.  A  person may be a person entitled to enforce the
      instrument even though the person is not the owner of the instrument  or
      is in wrongful possession of the instrument.
        (b) Agreement  not  to  assert  claim  or defense. 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:
             (1) for value;
             (2) in good faith;
             (3) without notice of a claim of a property or  possessory  right
                 to the property assigned; and
             (4) without notice of:
                 (A) 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 solving proceedings;
                 (B) a defense of the obligor stated anywhere in Article 3  of
                     this  chapter  or  a defense of the obligor that would be
                     available  if  the  person  entitled   to   enforce   the
                     instrument  were  enforcing  a  right  to payment under a
                     simple contract; and
                 (C) a claim in recoupment of the obligor against the assignor
                     if the claim arose from the transaction that gave rise to
                     the assigned obligation, but the claim of the obligor may
                     be asserted against an assignee only to reduce the amount
                     owing on the assigned obligation at the time  the  action
                     is brought.
        (c) When  subsection  (b) not applicable. An assignee takes subject to
      the defenses listed in  paragraph  (b)(4)(A),  but  is  not  subject  to
      defenses  of  the  obligor  stated  in  paragraph (b)(4)(B) or claims in
      recoupment stated in paragraph (b)(4)(C) against a person other than the
      enforcing assignee.
        (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 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:
             (1) the record has the same effect as if the record included such
                 a statement; and
             (2) the account debtor  may  assert  against  an  assignee  those
                 claims  and  defenses  that  would have been available if the
                 record included such a statement.
    
        (e) Rule for individual under other law. This 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.
        (f) Other   law   not  displaced.  Except  as  otherwise  provided  in
      subsection (d), this section does  not  displace  law  other  than  this
      article  which  gives effect to an agreement by an account debtor not to
      assert a claim or defense against an assignee.