5-19-20
is required by the creditor, is not furnished by the debtor, and is purchased by the creditor,
then upon renewal, refinancing, or payment of the debt before the final maturity date, the
creditor shall refund or credit the debtor with that portion of the premium refunded by the
insurance carrier upon the termination of the insurance. (g) A creditor may not contract for
or receive a separate charge for insurance against loss of or damage to property or against
liability for property damage or personal injuries unless the original amount financed
exclusive of the charges for insurance is three hundred dollars ($300) or more and the value
of the property is three hundred dollars ($300) or more. (h) In no event shall the creditor
have any responsibility or liability for the failure to purchase any insurance permitted by
this section unless the creditor has affirmatively undertaken in writing to purchase the insurance.
(i) A creditor may offer and finance any other insurance in connection...
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5-19-4
Section 5-19-4 Additional charges for default or deferral; prepayment; renewal or refinancing;
real property transactions. (a) When a scheduled payment in a consumer credit transaction
is in default 10 days or more, the creditor may charge and collect a late charge not exceeding
the greater of eighteen dollars ($18) or five percent of the amount of the scheduled payment
in default, not to exceed one hundred dollars ($100). The late charge may be collected only
once on any scheduled payment, regardless of the period during which the scheduled payment
remains in default. (b) With respect to the deferral of one or more wholly unpaid scheduled
payments in a consumer credit transaction, in which the finance charge was determined by the
precomputed method, the creditor may collect, by agreement with the debtor either before or
after default, an additional charge for each full month that any wholly unpaid scheduled payments
are outstanding after the due date of each scheduled payment equal to...
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5-19-19
Section 5-19-19 Liabilities of creditor making excess finance charge; failure to obtain license;
damages for deliberate violation or reckless disregard; written notice of violations; oral
statements not admissible; fiduciary duty not created. (a)(1)(i) Any creditor charging a finance
charge in excess of the amount authorized herein, except as specified in subdivision (2),
shall forfeit debtor's actual economic damages not to exceed the finance charge, and shall
refund to the debtor such amount of the actual economic damages, which may be done by reducing
the amount of the debtor's obligation. If the debtor is entitled to a refund and the creditor
refuses to refund within a reasonable time, not to exceed 60 days, after written demand, including
the filing of a legal action, the debtor shall recover a penalty of five times the amount
of the actual economic damages not to exceed the finance charge, but in any event not less
than one hundred dollars ($100). Provided, however, as to any...
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5-19-1
this chapter and the meaning and application of "finance charge" under the above-referenced
Federal Truth-in-Lending Act, regulations and Official Staff Commentary, as the same may be
amended from time to time. (2) CONSUMER.When used as an adjective with reference to a credit
transaction, characterizes the credit transaction as one in which the party to whom credit
is extended is a natural person and the money, property, or services which are the subject
of the transaction are primarily for personal, family or household purposes. (3) CREDITOR.
A person who regularly extends or arranges for the extension of credit for which the payment
of a finance charge is required, whether in connection with loans, sales of property or services,
or otherwise. The provisions of this chapter apply to any such creditor irrespective of the
creditor's status as a natural person or any type of organization. A person is a creditor
only if the person extended or arranged for the extension of credit more than...
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5-19-10
Section 5-19-10 Contract provisions for attorney's fees. A contract for a consumer credit transaction
with an original amount financed not exceeding three hundred dollars ($300) may not provide
for payment by the debtor of attorney's fees after default by the debtor. A contract for a
consumer credit transaction with an original amount financed exceeding three hundred dollars
($300) may provide for the payment by the debtor of reasonable attorney's fees not exceeding
15 percent of the unpaid debt after default and referral of the contract to an attorney who
is not a salaried employee of the creditor. An open-end credit plan may not provide for attorney's
fees when the unpaid balance does not exceed three hundred dollars ($300), but may provide
for reasonable attorney's fees after default by the debtor when the unpaid balance exceeds
three hundred dollars ($300). In a consumer credit transaction contract where the original
amount financed exceeds ten thousand dollars ($10,000) or the...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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37-11A-1
by the Governor, or upon its otherwise becoming a law, and when the State of Mississippi ratifies
the compact. Article III. For purposes of this compact, the following terms shall have the
following meanings: (1) Person means an individual, a corporation, a partnership, or any other
entity. (2) Railroad means a common carrier by railroad as defined in Section 1(3) of Part
I of the Interstate Commerce Act [codified as 49 U.S.C. §1(3)]. (3) Railroad properties and
facilities mean any real or personal property or interest in property which is owned,
leased, or otherwise controlled by a railroad or other person, including, without limitation,
the authority, and which are used or are useful in rail transportation service, including,
without limiting the generality of the foregoing: a. Track, roadbed, and related structures,
including rail, ties, ballast, other track materials, grading, tunnels, bridges, trestles,
culverts, elevated structures, stations, office buildings used for operating...
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5-19-3
Section 5-19-3 Maximum finance charges; contracting for minimum finance charge; alternate per
month computed finance charge. (a) Except under open-end credit plans, the maximum finance
charge for any credit transaction where the original amount financed is less than two thousand
dollars ($2,000), may equal but may not exceed the total of the following: (1) Fifteen dollars
($15) per one hundred dollars ($100) per year for the first seven hundred fifty dollars ($750)
of the original amount financed; and (2) Ten dollars ($10) per one hundred dollars ($100)
per year for that portion of the original amount financed exceeding seven hundred fifty dollars
($750) and less than two thousand dollars ($2,000). The maximum finance charge under this
subsection shall be determined by computing the maximum rates authorized by this subsection
on the original amount financed for the full term of the contract without regard to scheduled
payments and the maximum finance charge so determined, or any lesser...
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5-19-15
Section 5-19-15 Garnishment. Prior to entry of judgment on a consumer credit transaction, the
creditor may not attach unpaid earnings of the debtor by garnishment. Notwithstanding the
garnishment procedure otherwise applicable after judgment, with respect to a consumer credit
transaction, the amount of unpaid earnings of the debtor subject to garnishment shall not
exceed the lesser of: (1) Twenty-five percent of the debtor's disposable earnings for that
week; or (2) The amount by which the debtor's disposable earnings for that week exceed 30
times the federal minimum hourly wage in effect when payable. "Disposable earnings"
means that part of the earnings of a debtor remaining after deduction of amounts required
by law to be withheld, and disposable earnings shall not include periodic payments pursuant
to a pension, retirement, or disability program. (Acts 1971, No. 2052, p. 3290, §11; Acts
1988, No. 88-294, p. 454, §1; Acts 1996, No. 96-576, p. 887, §2.)...
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5-19-31
Section 5-19-31 Nonapplicability of chapter to certain transactions; certain laws not repealed
or amended. (a) The provisions of this chapter, except the provisions of subdivision (1) of
Section 5-19-1 and Section 5-19-3, shall not apply (i) to any consumer credit transaction
or other transaction involving an interest in real property or the sale, lease, or mortgage
of an interest in real property where the creditor is exempt from licensing under this chapter,
(ii) where the credit transaction is not a consumer transaction, (iii) where the credit transaction
is by a trust institution as defined in Section 5-12A-1(1), in its capacity as a fiduciary
under any plan or agreement qualified under 26 U.S.C. 401(a) or defined by 5 U.S.C. 8437,
26 U.S.C. 403(b), or 26 U.S.C. 457, or a trust exempt under 26 U.S.C. 501, or (iv) to any
municipal pension system created under the laws of the State of Alabama. The provisions of
this chapter shall not apply where the credit transaction is a policy...
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