The assignee of any bond, note, account, or writing, not negotiable, or other chose in action arising out of contract or injury to personal or real property, may maintain thereupon any action in his own name, without the addition of "assignee," which the original obligee, promisee, payee, contracting party, or owner of such chose in action might have brought; but shall allow all just defenses and sets-off, not only against himself but against the assignor, before the defendant had notice of the assignment. In every such action the plaintiff may unite claims payable to him individually with those payable to him as such assignee, provided it be otherwise proper to join them. But nothing in this section shall be construed to make assignable any right of action not otherwise assignable.
Structure West Virginia Code
Chapter 55. Actions, Suits and Arbitration; Judicial Sale
Article 8. Actions on Contracts
§55-8-1. Jurisdiction in Proceedings on Penal Bonds
§55-8-2. Action of Debt or Assumpsit on Note or Writing; Action of Debt for Any Past-Due Installment
§55-8-3. Action of Assumpsit for Breach of Contract
§55-8-4. General Issue in Debt or Assumpsit on Sealed Instrument
§55-8-5. Validity of Writing Payable to Person Dead at Time of Execution
§55-8-7. Action Against Makers, Drawers, Endorsers, Acceptors, Assignors or Absolute Guarantors
§55-8-9. Action by Assignee in Own Name; Defenses and Setoff; Joinder of Claims
§55-8-10. Assignee Entitled to Recover From Assignor; Defenses Allowed
§55-8-11. Limitation on Jurisdiction of Equity as to Suit by Assignee
§55-8-12. Third Party May Sue on Covenant or Promise Made for His Sole Benefit