Florida Statutes
Fla. Stat. § 520.38 (2025)
Transfer of contracts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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520.38 Transfer of contracts.—Any retail seller may assign, pledge, hypothecate, or otherwise transfer a retail installment contract or revolving account to any person, firm or corporation on such terms and conditions and for such price as may be mutually agreed upon. Filing of the assignment, notice to the buyer of the assignment, and any requirement that any person maintain dominion over the payments under the contract or account or over the goods if repossessed, shall not be necessary to the validity of a written assignment or transfer of a contract or account as against creditors, subsequent purchasers, pledgees, mortgagees and lien claimants of the seller. Unless the buyer has notice of the assignment, payment thereunder made by the buyer to the last known owner of the contract or account shall be binding on all subsequent owners thereof.
History.—s. 9, ch. 59-414; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; ss. 35, 36, ch. 90-103; s. 4, ch. 91-429.
Notes of Decisions
Cited in 1
case, 1973–1973 · leading case: WB Dunn Co., Inc. v. Mercantile Credit Corp., 275 So. 2d 311 (Fla. 1st DCA 1973).
WB Dunn Co., Inc. v. Mercantile Credit Corp., 275 So. 2d 311 (Fla. 1st DCA 1973). “Section 520.38, Florida Statutes, F.S.A., provides that a retail seller may assign, pledge, hypothecate or otherwise transfer a retail installment contract to any person on such terms and conditions and for such price as may be mutually agreed upon.”
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