Assignment of a claim (transport af fordring)
Also known as transfer of a claim, notice of assignment, change of creditor, overdragelse af fordring, denuntiation, kreditorskifte
An assignment transfers a claim to a new creditor — once notified, the debtor must pay the new owner.
Key facts
- Requires
- Notice to the debtor
In practice
A claim is an asset and can be sold or assigned. But the debtor must be notified — this is known as denuntiation (notice of assignment). Otherwise the debtor can still discharge the debt by paying the original creditor, and the money never reaches the new owner.
Where it commonly goes wrong
- Assigning the claim without notifying the debtor. The debtor then pays the wrong party in good faith — and is discharged.
- A claim the customer has disputed is assigned anyway. The objection travels with the claim, and the new creditor inherits it.
- The agreement is silent on who carries a claim that does not exist. If a claim turns out to have been paid, that question needs answering in advance.