Miami-Dade Florida Notice of Assignment by Assignor to Obligor

State:
Multi-State
County:
Miami-Dade
Control #:
US-0324BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a notice of assignment by assignor to obligor. A valid assignment takes effect the moment it is made regardless of whether notice of the assignment is given to the other party to the contract. If the obligor is notified that there has been an assignment and that any money due must be paid to the assignee, the obligor's obligation can only be discharged by making payment to the assignee. In other words, payment to the assignor would not satisfy the contract after notice. If the obligor does not know of the assignment and makes payments to the assignor who does not turn the money over to the assignee, the assignee cannot sue the obligor, but does have a remedy against the assignor. However, if the obligor both knows of the assignment and has been notified to make future payments to the assignee, any payments made by the obligor to the assignor have no effect and do not reduce the debt of the obligor.

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FAQ

'Assigned' in a contract refers to the transfer of rights and responsibilities from one party, the assignor, to another party, the obligor. Essentially, the obligor takes over the duties outlined in the contract. This process is a common practice, especially in real estate and service agreements within Miami-Dade.

NOTICE OF ASSIGNMENT Once a valid assignment of rights has been made to a third party, the third party (the assignee) should notify the obligor of the assignment. N.B. Notice that we say ?should,? rather than ?must,? because the assignment is effective immediately, whether or not notice is given to the obligor.

1. duty to notify - the assignee must notify the obligor that the assignment has been made and the performance must be rendered to the assignee. obligor is the parent that is required to pay the child support to the other parent and the obligee is the parent who receives the payment.

The assignee is the party that receives the rights and obligations under the contract, but wasn't an original party to the contract. An assignee usually receives the contract rights and obligations directly from an original party to the contract.

The ASSIGNNEE should notify the obligor. If an obligor renders performance to the assignor without notice of the assignment, the obligor has no further liability under the contract to pay the correct party which would now be the assignee.

Notice. Notice to the obligor is not required, but an obligor who renders performance to the assignor without notice of the assignment (that performance of the contract is to be rendered now to the assignee) is discharged.

An assignment doesn't always relieve the assignor of liability. Some contracts may include a guarantee that, regardless of an assignment, the original parties (or one of them) guarantees performance (that is, that the assignee will fulfill the terms of the contract).

Notice. Notice to the obligor is not required, but an obligor who renders performance to the assignor without notice of the assignment (that performance of the contract is to be rendered now to the assignee) is discharged.

A form letter that an assignee of an agreement uses to provide notice to the non-assigning party to the agreement of the assignment. This Standard Document has integrated notes with important explanations and drafting tips.

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Miami-Dade Florida Notice of Assignment by Assignor to Obligor