408.405. Defenses or setoffs arising from transaction good against holder of security instrument, when. - Missouri Statutes

Defenses or setoffs arising from transaction good against holder ofsecurity instrument, when.

408.405. The rights of a holder or assignee of aninstrument, account, contract, right, chattel paper or otherwriting other than a check or draft, which evidences theobligation of a natural person as buyer, lessee, or borrower inconnection with the purchase or lease of consumer goods orservices, are subject to all defenses and setoffs of the debtorarising from or out of such sale or lease, notwithstanding anyagreement to the contrary, only as to amounts then owing and as amatter of defense to or setoff against a claim by the holder orassignee; provided, however, with respect to goods only, therights of the debtor under this section may be asserted to theseller at the address at which he did business at the time of thesale and must be so asserted within ninety days after receipt ofthe goods.

(L. 1974 H.B. 1047, et al. § 2)

(1986) Home improvements held to be "consumer goods" within the meaning of this section. Roosevelt Federal Savings & Loan Ass'n. v. Crider, 722 S.W.2d 325 (Mo.App.S.D.)