28-43-301. SECURITY IN SALES. (1) With respect to a regulated consumer credit sale, a seller may take a security interest in the property sold. In addition, a seller may take a security interest in goods upon which services are performed or in which goods sold are installed or to which they are annexed, or in […]
28-43-302. CROSS-COLLATERAL. (1) In addition to contracting for a security interest pursuant to the provisions on security in sales, section 28-43-301, Idaho Code, a seller in a regulated consumer credit sale may secure the debt arising from the sale by contracting for a security interest in other property if, as a result of a prior […]
28-43-303. DEBT SECURED BY CROSS-COLLATERAL. (1) If debts arising from two (2) or more regulated consumer credit sales, except sales pursuant to open-end credit, are secured by cross-collateral, section 28-43-302, Idaho Code, or consolidated into one (1) debt payable on a single schedule of payments, and the debt is secured by security interests taken with […]
28-43-304. NO ASSIGNMENT OF EARNINGS. (1) A creditor may not take an assignment of earnings of the debtor for payment or as security for payment of a debt arising out of a regulated consumer credit transaction. An assignment of earnings in violation of this section is unenforceable by the assignee of the earnings and revocable […]
28-43-305. AUTHORIZATION TO CONFESS JUDGMENT PROHIBITED. A debtor may not authorize any person to confess judgment on a claim arising out of a regulated consumer credit transaction. An authorization in violation of this section is void. History: [28-43-305, added 1983, ch. 119, sec. 3, p. 284.]
28-43-306. CERTAIN NEGOTIABLE INSTRUMENTS PROHIBITED. With respect to a regulated consumer credit sale, the creditor may not take a negotiable instrument other than a check dated not later than ten (10) days after its issuance as evidence of the obligation of the debtor. History: [28-43-306, added 1983, ch. 119, sec. 3, p. 284.]
28-43-307. BALLOON PAYMENTS. (1) Except as provided in subsection (2) of this section, if any scheduled payment of a regulated consumer credit transaction is more than twice as large as the average of earlier scheduled payments, the debtor has the right to refinance, without penalty, the amount of that payment at the time it is […]
28-43-308. REFERRAL SALES. With respect to a regulated consumer credit sale, the seller may not give or offer to give a rebate or discount or otherwise pay or offer to pay value to the debtor as an inducement for a sale for the debtor giving to the seller the names of prospective buyers, or otherwise […]
28-43-309. RESTRICTIONS ON INTEREST IN LAND AS SECURITY. With respect to a regulated consumer loan in which the principal is one thousand dollars ($1,000) or less, a regulated lender may not contract for an interest in land as security. A security interest taken in violation of this section is void. History: [28-43-309, added 1983, ch. […]
28-43-310. REGULAR SCHEDULE OF PAYMENTS — MAXIMUM LOAN TERM. Regulated consumer loans, not made pursuant to open-end credit and in which the principal is one thousand dollars ($1,000) or less, shall be scheduled to be payable in substantially equal installments at equal periodic intervals except to the extent that the schedule of payments is adjusted […]
28-43-311. LIMITATION ON ATTORNEY FEES. With respect to a regulated consumer loan in which the principal is one thousand dollars ($1,000) or less, the agreement may not provide for the payment by the debtor of attorney’s fees. A provision in violation of this section is unenforceable. History: [28-43-311, added 1983, ch. 119, sec. 3, p. […]
28-43-312. ATTORNEY’S FEES. Except as provided by the provisions on limitations on attorney’s fees as to certain regulated consumer loans, section 28-43-311, Idaho Code, with respect to a regulated consumer credit transaction the agreement may provide for the payment by the debtor of reasonable attorney’s fees after default and referral to an attorney not a […]
