Florida Statute 520.38 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 520
RETAIL INSTALLMENT SALES

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F.S. 520.38

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.

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Amendments to 520.38

Arrestable Offenses / Crimes under Fla. Stat. 520.38

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 520.38.

Annotations, Discussions, Cases:

Cases Citing Statute 520.38

Total Results: 2

WB Dunn Co., Inc. v. Mercantile Credit Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 1973-04-02T23:53:00-08:00

Citation: 275 So. 2d 311

Snippet: The last matter which we need to discuss is F.S. 520.38, F.S.A. MCC contends that even if the instant transactions…interest rate extracted are usurious, that F.S. 520.38, F.S.A. renders the usury laws of this State inapplicable…such as those involved in the case at bar. Section 520.38, Florida Statutes, F.S.A., provides that a retail… of usury. In addition, we have found that F.S. 520.38, F.S.A. does not exempt these transactions from

Lechner v. Lechner

Court: Fla. | Date Filed: 1944-02-29T00:00:00-07:00

Citation: 16 So. 2d 816, 154 Fla. 114, 1944 Fla. LEXIS 636

Snippet: S.Ct. 682, 54 L. E. 905; Bates v. Bodie, 245 U.S. 520, 38 S.Ct. 182, 62 L.Ed. 444; Yarborough, v. Yarborough