South Carolina § 36-9-405 - Modification of assigned contract.
Full text of South Carolina South Carolina Code of Laws § 36-9-405 — Modification of assigned contract., with citation guidance and answers to common questions.
§ 36-9-405. Modification of assigned contract.
(a) A modification of or substitution for an assigned contract is effective against an assignee if made in good faith. The assignee acquires corresponding rights under the modified or substituted contract. The assignment may provide that the modification or substitution is a breach of contract by the assignor. This subsection is subject to subsections (b) through (d).
(b) Subsection (a) applies to the extent that:
(1) the right to payment or a part thereof under an assigned contract has not been fully earned by performance; or
(2) the right to payment or a part thereof has been fully earned by performance and the account debtor has not received notification of the assignment under Section 36-9-406(a).
(c) This section is subject to law other than this chapter which establishes a different rule for an account debtor who is an individual and who incurred the obligation primarily for personal, family, or household purposes.
(d) This section does not apply to an assignment of a health-care-insurance receivable.
HISTORY: 1962 Code SECTION 10.9-405; 1966 (54) 2716; 1967 (55) 605; 1978 Act No. 644, Part II, SECTION 7; 1985 Act No. 201, Part II, SECTIONS 7C, 7D; 1988 Act No. 494, SECTION 5; 2001 Act No. 67, SECTION 12.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 36-9-405
What does South Carolina Code of Laws § 36-9-405 cover?
Section 36-9-405 ("Modification of assigned contract.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 36-9-405?
A common citation format is "South Carolina Code of Laws § 36-9-405" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 36-9-405 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.