Title 10, Chapter 1, Section 7
( 10-1-7)
(a) A retail installment contract or a revolving account may provide
for payment by the buyer of a delinquency charge on any installment
which is not paid within ten days from the date the payment is due.
The charge may not exceed $13.00. A delinquent charge shall not be
collected more than once for the same default. A retail installment
contract or a revolving account may provide for the payment of
reasonable attorneys' fees, if referred for collection to an
attorney not a salaried employee of the retail seller, and for the
payment of court costs. (b) A retail installment contract or a revolving account may provide
that if the buyer submits to the retail seller as payment for an
unpaid balance, or portion thereof, in that account or pursuant to
that contract, a check, draft, or order for the payment of money on
any bank or other depository, which check, draft, or order is not
honored by the drawee, then a fee not to exceed $25.00 or 5 percent
of the face amount of the check, draft, or order, whichever is
greater, may be charged to the buyer and will be added to the unpaid
balance on the buyer's account if ten days have elapsed since the
retail seller has mailed to the buyer at his or her last known
address written notice of the failure to honor the check, draft, or
order without the check, draft, or order having been made good. If
a fee is charged under this subsection, then no delinquency charge
shall be made as to the first installment which is in default but
would not have been in default if the check, draft, or order had not
been dishonored. A fee authorized by this Code section shall not be
deemed to be time price differential, interest, or any other type of
finance charge and shall not be included in determining whether any
limitations on time price differential, interest, or other finance
charges have been exceeded. |