Title 10, Chapter 1, Section 8
( 10-1-8)
(a) Any security interest taken pursuant to a retail installment
contract or revolving account shall not be taken with respect to
clothing, softwares, and other nondurable items. Each payment with
respect to a revolving account shall be applied to goods and
services as follows: first to unpaid time price differential or
finance charge; then, as to goods purchased on different dates, the
first purchased shall be deemed first paid for; as to goods
purchased on the same date, the lowest priced shall be deemed first
paid for. (b) Nothing contained in subsection (a) of this Code section shall
prevent the parties from agreeing in writing for the payments to be
otherwise applied; provided, however, that this Code section shall
be construed consistently with Part 2 of Article 15 of this chapter,
the "Fair Business Practices Act of 1975." Nothing in this Code
section shall be deemed to authorize any act or practice which would
otherwise be deemed unfair and deceptive under Part 2 of Article 15
of this chapter, the "Fair Business Practices Act of 1975." |