West Virginia Code § 46-9-403

Agreement not to assert defenses against assignee
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(a) "Value." In this section, "value" has the meaning provided in section 3-303(a).
(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 defense or claim in recoupment of the type that may be asserted
against a person entitled to enforce a negotiable instrument under section 3-305(a).
(c) When subsection (b) not applicable. 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 3-305(b).
(d) Omission of required statement in consumer transaction. In a consumer transaction, if a
record evidences the account edebtor'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 Lthe 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
havWe 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) of this section,
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.

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