Check whether the Credit Code follows an assignment of the contract
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record whether the lawyer says the rights of the credit provider under a credit contract, mortgage or guarantee have been assigned, or have passed by law, to another person. Record whether the provider still receives payments from the debtor, or would still receive them if the debtor complied. Record that the debtor, mortgagor or guarantor keeps the same rights against the assignee. Do not invent a notice to the debtor and do not decide who may sue.
- What the lawyer must review
- The lawyer decides whether subsection 188(1) applies or whether the provider is still the person receiving the payments, and what rights the debtor can exercise against the assignee. The assignment chain for standing to sue is a separate task. Section 189 was read and is not this task.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- If the rights of a credit provider under a credit contract, mortgage or guarantee are assigned or pass by law to another person, the Code from then on applies to that other person and does not impose any further obligation on the credit provider.
- The debtor, mortgagor or guarantor has, and may exercise, the same rights against the assignee as they have against the credit provider.
- Subsection 188(1) does not apply while the credit provider continues to receive payments from the debtor, or would continue to do so if the debtor complied with the contract.
- The section as read does not require a notice to the debtor. Do not add one.
- This is not a check of the chain of assignments before suing as assignee. Section 189, on an assignment of the debtor's, mortgagor's or guarantor's own rights, was read and is not this task. Section 52, which section 189 says is unaffected, was not opened.
Sources
- National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009) ss 33, 34, 85, 107, 188 and 190 · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.