ORS 80.020¹
Effect of an assignment on a defense

In the case of an assignment of a thing in action, an action or suit by the assignee is without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section does not apply to a negotiable instrument transferred in good faith and upon good consideration before due.

Notes of Decisions

The "de­fense" of setoff is available in an ac­tion by the transferee of a negotiable instru­ment unless the transferee is a holder in due course. Community Bank v. Ell, 278 Or 417, 564 P2d 685 (1977)

1 Legislative Counsel Committee, CHAPTER 80—Assignment; Central Filing System for Farm Products, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors80.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 80, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­080ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information