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Crash Central - Assignment of Proceeds (Part 2)

Attorney/consumer advocate Erica Eversman and BodyShop Business Editor Jason Stahl continue their discussion of the legal term “assignment of proceeds,” this time discussing the outcomes of specific cases where collision repair facilities used this action to recoup the full amount of payment an insurance company owes for a repair.
Comments:
Is "the assignment of proceeds" an option in California courts? If so is it any different? Can you help me with an Assignment of rights waiver? by: nathanbs  8/20/2008
I spent considerable time researching the assigment of proceeds and cases in which it was tested in court, such as the case of a glass company that took assignments. The ruling was mixed. http://www.cousineaulaw.com/images/court555.pdf Could you comment on this case in which the essence was "The general rule is that the right to receive money due or to become due under an existing contract may be assigned even though the contract itself may not be assignable. A contract to pay money may be assigned by the person to whom the money is payable, unless there is something in the terms of the contract manifesting the intention of the parties that it shall not be assigned." Should one contact the state bar to determine whether assigning proceeds supersedes contract language in their state or should one have the vehicle owner look to the consumer's policy for the language excluding assignments. by: mikeoftheozarks  8/20/2008
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