16a-5-103 (UCCC) Restrictions on deficiency judgments.
16a-5-103. (UCCC) Restrictions on deficiency judgments. (1) This section applies to a deficiency on a consumer credit sale of goods or services and on a consumer loan in which the lender is subject to defenses arising from sales (K.S.A. 16a-3-405, and amendments thereto); a consumer is not liable for a deficiency unless the creditor has […]
16a-6-108 Enforcement of act; cease and desist orders; penalties; appeals.
16a-6-108. Enforcement of act; cease and desist orders; penalties; appeals. (1) If the administrator determines after notice and opportunity for a hearing that any person has engaged, is engaging or is about to engage in any act or practice constituting a violation of any provision of this act or any rule and regulation, order or […]
16a-5-107 (UCCC) Extortionate extensions of credit.
16a-5-107. (UCCC) Extortionate extensions of credit. (1) If it is the understanding of the creditor and the consumer at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, […]
16a-6-109 (UCCC) Assurance of discontinuance.
16a-6-109. (UCCC) Assurance of discontinuance. If it is claimed that a person has engaged in conduct subject to an order by the administrator (section 16a-6-108) or by a court (sections 16a-6-110 through 16a-6-112), the administrator may accept an assurance in writing that the person will not engage in the conduct in the future. If a […]
16a-5-108 (UCCC) Unconscionability; inducement by unconscionable conduct.
16a-5-108. (UCCC) Unconscionability; inducement by unconscionable conduct. (1) With respect to a consumer credit transaction, if the trier of fact finds: (a) The agreement to have been unconscionable at the time it was made, or to have been induced by unconscionable conduct, the court may refuse to enforce the agreement; or (b) any clause of […]
16a-6-110 (UCCC) Injunctions against violations of act.
16a-6-110. (UCCC) Injunctions against violations of act. The administrator may bring a civil action to restrain a person from violating the provisions of K.S.A. 16a-1-101 through 16a-9-102 and for other appropriate relief. History: L. 1973, ch. 85, § 103; January 1, 1974.
16a-5-109 (UCCC) Default.
16a-5-109. (UCCC) Default. An agreement of the parties to a consumer credit transaction with respect to default on the part of the consumer is enforceable only to the extent that: (1) The consumer fails to make a payment as required by agreement; or (2) the prospect of payment, performance, or realization of collateral is significantly […]
16a-5-110 (UCCC) Notice of consumer’s right to cure.
16a-5-110. (UCCC) Notice of consumer’s right to cure. (1) After a consumer has been in default for 10 days for failure to make a required payment in a consumer credit transaction payable in installments, a creditor may give the consumer the notice described in this section. A creditor gives notice to the consumer under this […]
16a-5-111 (UCCC) Cure of default.
16a-5-111. (UCCC) Cure of default. (1) This section applies to consumer credit transactions. (2) Except as provided in subsection (3), after a default consisting only of the consumer’s failure to make a required payment in a consumer credit transaction payable in installments, a creditor may neither accelerate maturity of the unpaid balance of the obligation […]
16a-5-112 (UCCC) Creditor’s right to take possession after default.
16a-5-112. (UCCC) Creditor’s right to take possession after default. Upon default by a consumer, unless the consumer voluntarily surrenders possession of the collateral to the creditor, the creditor may take possession of the collateral without judicial process only if possession can be taken without entry into a dwelling and without the use of force or […]