Idaho State Statutes - Idaho Attorney Directory

(a) In this
section, "value" has the meaning provided in section 28-3-303(1).
(b) 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 defense or claim in recoupment of the type that
may be asserted against a person entitled to enforce a negotiable
instrument under section 28-3-305(1).
(c) Subsection (b) of this section does not apply to defenses of a type
that may be asserted against a holder in due course of a negotiable instrument
under section 28-3-305(2).
(d) In a consumer transaction, if a record evidences the account debtor's
obligation, law other than this chapter 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) This 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.
(f) Except as otherwise provided in subsection (d) of this section, this
section does not displace law other than this chapter which gives effect to an
agreement by an account debtor not to assert a claim or defense against an
assignee.

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