ORS 80.020
Effect of an assignment on a defense

In the case of an assignment of a thing in action, an action or suit by the assignee is without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section does not apply to a negotiable instrument transferred in good faith and upon good consideration before due.

Source: Section 80.020 — Effect of an assignment on a defense, https://www.­oregonlegislature.­gov/bills_laws/ors/ors080.­html.

Notes of Decisions

The “defense” of setoff is available in an action by the transferee of a negotiable instrument unless the transferee is a holder in due course. Community Bank v. Ell, 278 Or 417, 564 P2d 685 (1977)

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