Section 408.330

Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 28 Aug 2017, 2 histories   

  408.330.  Delinquency and collection charges permitted — insurance premium in lieu of perfecting security interest authorized — attorney fees — consolidation of contracts — convenience fee, when. — 1.  If a retail time contract or a retail charge agreement so provides, the holder thereof may charge and collect:

  (1)  A premium for insurance in lieu of charges for perfecting a security interest required by the lender if the premium does not exceed the fees which would otherwise be payable;

  (2)  Charges assessed by any institution for processing a refused instrument plus a handling fee of not more than fifteen dollars;

  (3)  A delinquency and collection charge on each installment in default for a period of not less than ten days in an amount not to exceed ten dollars or five dollars when the monthly installment is less than twenty-five dollars; or

  (4)  Interest on each delinquent payment thereunder at a rate which will not exceed the highest lawful contract rate.  In addition to such delinquency charge, the contract may provide for the payment of attorney fees not exceeding fifteen percent of the amount due and payable under such contract where such contract is referred for collection to an attorney not a salaried employee of the holder of the contract and for court costs.

  2.  The parties to a retail time contract who have entered into more than one contract at substantially different times may agree to consolidate such contracts resulting in a single schedule of payments; provided, however, that the time charge on the new unpaid balance shall not exceed the maximum specified in section 408.300.

  3.  A holder of a contract may impose a convenience fee for payments using an alternative payment channel that accepts a debit or credit card not present transaction, nonface-to-face payment, provided that:

  (1)  The person making the payment is notified of the convenience fee; and

  (2)  The fee is fixed or flat, except that the fee may vary based upon method of payment used.

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(L. 1961 p. 638 § 10, A.L. 1975 S.B. 71, A.L. 1989 H.B. 386 merged with S.B. 192, A.L. 1990 H.B. 1788, A.L. 1992 S.B. 705, A.L. 1994 S.B. 718, A.L. 2017 H.B. 292)