eLaws of Florida

  SECTION 679.4061. Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.  


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  • 1(1) 2Subject to subsections (2) through (9), an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
    92(2) 93Subject to subsection (8), notification is ineffective under subsection (1):
    103(a) 104If it does not reasonably identify the rights assigned;
    113(b) 114To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor’s duty to pay a person other than the seller and the limitation is effective under law other than this chapter; or
    156(c) 157At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:
    1901. 191Only a portion of the account, chattel paper, or payment intangible has been assigned to that assignee;
    2082. 209A portion has been assigned to another assignee; or
    2183. 219The account debtor knows that the assignment to that assignee is limited.
    231(3) 232Subject to subsection (8), if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection (1).
    282(4) 283Except as otherwise provided in subsection (5) and ss. 292680.303 293and 294679.4071, 295and subject to subsection (8), a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:
    324(a) 325Prohibits, restricts, or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account, chattel paper, payment intangible, or promissory note; or
    370(b) 371Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible, or promissory note.
    416(5) 417Subsection (4) does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under s. 442679.610 443or an acceptance of collateral under s. 450679.620451.
    452(6) 453Except as otherwise provided in ss. 459680.303 460and 461679.4071 462and subject to subsections (8) and (9), a rule of law, statute, or regulation that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute, or regulation:
    524(a) 525Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in the account or chattel paper; or
    565(b) 566Provides that the assignment or transfer or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.
    607(7) 608Subject to subsection (8), an account debtor may not waive or vary its option under paragraph (2)(c).
    625(8) 626This 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. Subsections (4) and (6) do not apply to the creation, attachment, perfection, or enforcement of a security interest in:
    680(a) 681A claim or right to receive compensation for injuries or sickness as described in 26 U.S.C. s. 104(a)(1) or (2).
    701(b) 702A claim or right to receive benefits under a special needs trust as described in 42 U.S.C. s. 1396p(d)(4).
    721(c) 722The interest of a debtor who is a natural person in reemployment assistance or unemployment, alimony, disability, pension, or retirement benefits or victim compensation funds.
    747(d) 748The interest of a debtor who is a natural person in other benefits which are designated solely for his or her maintenance, support, or education, the assignability of which is expressly prohibited or restricted by statute.
    784(9) 785Subsections (4), (6), and (8) apply only to a security interest created after January 1, 2002.
    801(10) 802This section does not apply to an assignment of a health-care-insurance receivable.
    814(11) 815This section prevails over any inconsistent statute, rule, or regulation.
History.-s. 4, ch. 2001-198; s. 79, ch. 2012-30; s. 8, ch. 2012-59.

Note

Note.-Section 30, ch. 2001-198, provides that “[n]othing contained in s. 679.4061, Florida Statutes, or s. 679.4081, Florida Statutes, as created by this act, shall supersede the provisions of SB 108 or HB 767, relating to structured settlements, if Senate Bill 108 or House Bill 767 becomes a law.” Senate Bill 108 became ch. 2001-207. House Bill 767 did not pass.

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