§ 10:9-412 — Discharge of tortfeasor; notification and filing of assignment

Louisiana § 10:9-412

• Jurisdiction: Louisiana
• Title 10: Commercial Laws

Text

§9-412. Discharge of tortfeasor; notification and filing of assignment
(a) Discharge of tortfeasor. Subject to Subsections (b) through (c) of this Section,
a person obligated on a tort claim may discharge its obligation by paying the debtor until, but
not after, the person receives a notification, signed by the debtor or the secured party, that the
amount due has been assigned and that payment is to be made to the secured party. After
receipt of the notification, the person may discharge its obligation by paying the secured
party and may not discharge the obligation by paying the debtor.
(b) When notification ineffective. Notification is ineffective under Subsection (a)
if it does not reasonably identify the rights assigned.
(c) Proof of security interest. If requested by the person obligated on the tort claim,
a secured party shall seasonably furnish to the person reasonable proof that the assignment
of the tort claim has been made. Unless the secured party complies, the person may
discharge its obligation by paying the debtor, even if the person has received a notification
under Subsection (a).
(d) Enforcement. After notification, the secured party has the rights established
under R.S. 13:3864 through 13:3868.

Legislative History

Acts 2001, No. 128, §1, eff. July 1, 2001; Acts 2024, No. 773, §1.