Iowa Code 539.2 – Assignment prohibited by instrument
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Terms Used In Iowa Code 539.2
- Counterclaim: A claim that a defendant makes against a plaintiff.
539.2 Assignment prohibited by instrument.
When by the terms of an instrument its assignment is prohibited, an assignment thereof shall nevertheless be valid, but the maker may make use of any defense or counterclaim against the assignee which the maker may have against any assignor thereof before notice of such assignment is given to the maker in writing. In case of conflict between this section and § 554.5112, 554.5113, 554.5114, 554.9404, or 554.9405, § 554.5112, 554.5113,
554.5114, 554.9404, or 554.9405 controls.
[C51, §951; R60, §1798; C73, §2086; C97, §3046; C24, 27, 31, 35, 39, §9452; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, §539.2]
94 Acts, ch 1167, §5, 122; 96 Acts, ch 1026, §18; 2000 Acts, ch 1149, §173, 187
Referred to in §539.3
Related provision, R.C.P. 1.205
When by the terms of an instrument its assignment is prohibited, an assignment thereof shall nevertheless be valid, but the maker may make use of any defense or counterclaim against the assignee which the maker may have against any assignor thereof before notice of such assignment is given to the maker in writing. In case of conflict between this section and § 554.5112, 554.5113, 554.5114, 554.9404, or 554.9405, § 554.5112, 554.5113,
554.5114, 554.9404, or 554.9405 controls.
[C51, §951; R60, §1798; C73, §2086; C97, §3046; C24, 27, 31, 35, 39, §9452; C46, 50, 54, 58,
62, 66, 71, 73, 75, 77, 79, 81, §539.2]
94 Acts, ch 1167, §5, 122; 96 Acts, ch 1026, §18; 2000 Acts, ch 1149, §173, 187
Referred to in §539.3
Related provision, R.C.P. 1.205