Idaho State Statutes - Idaho Attorney Directory

(1) With respect to a
regulated consumer credit sale, an assignee of the rights of the seller is
subject to all claims and defenses of the debtor against the seller arising
from the sale of property or services, notwithstanding that:
(a) There is an agreement to the contrary; or
(b) The assignee is a holder in due course of a negotiable instrument
issued in violation of the provisions on prohibition of certain negotiable
instruments, section 28-43-306, Idaho Code.
(2) The assignee's liability under subsection (1) of this section may not
exceed the amount owing to the assignee with respect to the sale at the time
the assignee has notice of a claim or defense of the buyer. If debts arising
from two (2) or more regulated consumer credit sales, other than pursuant to
an open-end credit account, are consolidated, payments received after the
consolidation are deemed, for the purpose of determining the amount owing the
assignee with respect to a sale, to have been first applied to the payment of
debts arising from the sales first made; if the debts consolidated arose from
sales made on the same day, payments are deemed to have been first applied to
the smallest debt. Payments received upon an open-end consumer credit account
are deemed, for the purpose of determining the amount owing the assignee with
respect to a sale, to have been first applied to the payment of finance
charges in the order of their entry to the account and then to the payment of
debts in the order in which the entries to the account showing the debts were
made.
(3) An agreement may not provide for greater rights for an assignee than
this section permits.

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