Obligor’s Waiver or Consent

Objection to the partial assignment of a debt is personal to the debtor and cannot be raised by a third person.  Moreover, the right to raise such an objection may be waived by the debtor.[i]  The right to refuse to recognize partial assignments of a debt is also consistent with the principle that a debtor has the right to decline serving as a pro rata disbursing functionary for his/her creditors.[ii]

[i] Ulledalen v. United States Fire Insurance Co., 74 N.D. 589 (N.D. 1946)

[ii] Morris v. Nelson, 124 Kan. 127 (Kan. 1927)


Inside Obligor’s Waiver or Consent