Assignment Of Claim Agreement for the United States

Assignment Of Claim Agreement Template for United States

An Assignment of Claim Agreement is a legal document used in the United States that facilitates the transfer of rights to a claim from one party (assignor) to another (assignee). This agreement is governed by both federal and state laws, including the Uniform Commercial Code and state-specific contract laws. It documents the terms of transfer, consideration provided, and includes necessary representations and warranties to protect both parties' interests.

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What is a Assignment Of Claim Agreement?

The Assignment of Claim Agreement is essential when transferring rights to collect debts, insurance claims, or other legal entitlements in the United States. This document is commonly used in debt collection, insurance subrogation, and commercial transactions where one party wishes to transfer their right to collect on a claim to another party. The agreement must comply with both federal regulations and state-specific requirements, particularly regarding notice, consideration, and enforceability. It typically includes detailed information about the claim being assigned, warranties about its validity, and terms of the transfer.

What sections should be included in a Assignment Of Claim Agreement?

1. Parties: Identification of assignor and assignee with full legal names and addresses

2. Background: Context of the original claim and reason for assignment

3. Definitions: Key terms used throughout the agreement

4. Assignment: Core provision transferring rights from assignor to assignee

5. Consideration: Details of payment or other consideration for the assignment

6. Assignor's Representations and Warranties: Statements regarding ownership and validity of claim

7. Governing Law: Jurisdiction governing the agreement

8. Execution: Signature blocks and date

What sections are optional to include in a Assignment Of Claim Agreement?

1. Further Assurance: Commitment to execute additional documents if needed - use for complex claims or where additional documentation might be required

2. Indemnification: Protection against future claims or disputes - use for high-value or high-risk assignments

3. Confidentiality: Restrictions on disclosure of assignment terms - use for sensitive or commercial claims

What schedules should be included in a Assignment Of Claim Agreement?

1. Schedule A - Claim Details: Detailed description of the claim being assigned

2. Schedule B - Original Documentation: Copies of original claim documentation

3. Schedule C - Payment Terms: Detailed payment schedule if applicable

4. Appendix 1 - Notice of Assignment: Template notice to be sent to debtor

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Financial Services

Insurance

Healthcare

Legal Services

Commercial Real Estate

Relevant Teams

Legal

Finance

Risk Management

Collections

Compliance

Relevant Roles

Legal Counsel

Claims Manager

Credit Manager

Risk Manager

Collections Manager

Industries

Uniform Commercial Code - Article 9: Governs security interests and assignment of rights, particularly relevant for commercial claims. Key foundation for structuring assignment agreements.

Fair Debt Collection Practices Act: Federal law that must be considered if the assigned claim involves consumer debt. Ensures compliance with debt collection regulations.

Federal Trade Commission Act: Federal legislation regarding unfair trade practices that may affect the terms and execution of the assignment.

Securities Exchange Act: Must be considered if the claim involves securities or related financial instruments.

State Contract Laws: State-specific regulations governing contract formation, execution, and enforcement that vary by jurisdiction.

State Assignment Laws: Specific state regulations regarding the assignment of rights and claims, including any restrictions or requirements.

State Statutes of Limitations: Time limits for bringing legal actions that may affect the validity or enforceability of the assigned claim.

State Consumer Protection Laws: State-specific regulations protecting consumer rights that may impact the assignment of certain types of claims.

Assignability Doctrine: Common law principle determining which types of claims can be legally assigned (excluding personal injury claims in many cases).

Notice Requirements: Legal obligations regarding notification of the debtor and other parties about the assignment of the claim.

Anti-Champerty Laws: State-specific laws preventing the purchase of claims for the purpose of litigation, which may affect the validity of certain assignments.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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