---
title: "Check whether the Credit Code follows an assignment of the contract"
url: "https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/check-whether-the-credit-code-follows-an-assignment-of-the-contract"
type: "task"
site: "AI Law Framework"
id: "A46-TM20261022-21"
practice_area: "Debt Recovery & Civil Enforcement"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check whether the Credit Code follows an assignment of the contract

> 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.…

Canonical page: https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/check-whether-the-credit-code-follows-an-assignment-of-the-contract  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Debt Recovery & Civil Enforcement](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. 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.
2. The debtor, mortgagor or guarantor has, and may exercise, the same rights against the assignee as they have against the credit provider.
3. 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.
4. The section as read does not require a notice to the debtor. Do not add one.
5. 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.

## Notes

- 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.

## Sources

- [National Credit Code (Schedule 1 to the National Consumer Credit Protection Act 2009) ss 33, 34, 85, 107, 188 and 190](https://classic.austlii.edu.au/au/legis/cth/consol_act/nccpa2009377/sch1.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/debt-recovery-and-civil-enforcement/check-whether-the-credit-code-follows-an-assignment-of-the-contract/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*