Sec. 9. (a) With respect to a rental purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services.
(b) A claim or defense of a lessee specified in subsection (a) may be asserted against the assignee under this section only if the lessee has made a good faith attempt to obtain satisfaction from the lessor with respect to the claim or defense and then only to the extent of the amount owing the assignee with respect to the sale or the lease of the property or services to which the claim or defense arose at the time the assignee has written notice of the claim or defense. Written notice of the claim or defense may be given before the attempts specified in this subsection. For the purposes of this subsection, written notice is any written notification other than notice on a coupon, billing statement, or any other payment medium or material supplied by the assignee.
(c) An agreement may not limit or waive the claims or defenses of a lessee under this section.
As added by P.L.254-1987, SEC.1. Amended by P.L.45-1995, SEC.18.
Structure Indiana Code
Article 7. Rental Purchase Agreements
24-7-4-1. Lessee's Acquisition of Ownership
24-7-4-2. Contractual Abridgement of Rights and Duties
24-7-4-3. Assignment of Earnings as Payment
24-7-4-6. Repossession Limited
24-7-4-7. Prejudgment Garnishment
24-7-4-10. Notice and Proof of Assignment
24-7-4-13. Acceptance and Application of Payments; Payments Exceeding Scheduled Amount Due