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Civil Law (Property) Act 2006
205Assignment of debts and things in action
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205 Assignment of debts and things in action
(1) An absolute assignment, in writing signed by the assignor, of a debt
or thing in action (other than an assignment expressed to be by charge
only) is effective at law to transfer the right to the debt or thing in
action if written notice of the assignment is given to the debtor,
trustee, or other person, (the liable person) from whom the assignor
would have been entitled to receive or claim the debt or thing in
action.
Note A thing in action (also called a chose in action) is an intangible personal
property right recognised and protected by the law. Examples include
debts, money held at a bank, shares, rights under a trust, copyright, and
the right to sue for breach of contract.
(2) The transfer takes effect on the day the notice is given.
(3) Without limiting subsection (1), the assignee may recover or
otherwise enforce the debt or thing in action without involving the
assignor.
(4) However, the transfer is subject to all equities that would have been
entitled to priority over the right of the assignee apart from this
section.
(5) If the liable person has notice that the assignment is disputed, or of
any conflicting claims to the debt or thing in action, the liable person
may—
(a) call on anyone claiming the debt or thing in action to interplead;
or
(b) pay any amount in dispute into court.