Section 28-45-101 – SHORT TITLE.

28-45-101. SHORT TITLE. This chapter shall be known and may be cited as Idaho Credit Code — Remedies and Penalties. History: [28-45-101, added 1983, ch. 119, sec. 3, p. 294.]

Section 28-45-102 – SCOPE.

28-45-102. SCOPE. This part applies to actions or other proceedings to enforce rights arising from regulated consumer credit transactions, to extortionate extensions of credit, section 28-45-109, Idaho Code, and to unconscionability, section 28-45-106, Idaho Code. History: [28-45-102, added 1983, ch. 119, sec. 3, p. 294.]

Section 28-45-103 – RESTRICTIONS ON DEFICIENCY JUDGMENTS.

28-45-103. RESTRICTIONS ON DEFICIENCY JUDGMENTS. (1) This section applies to a regulated consumer credit sale of goods or services. (2) If the seller repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest and the cash price of the goods repossessed or surrendered […]

Section 28-45-104 – LIMITATION ON GARNISHMENT.

28-45-104. LIMITATION ON GARNISHMENT. (1) For the purposes of this part: (a) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and (b) "Garnishment" means any legal or equitable procedure through which the earnings of an individual are […]

Section 28-45-105 – NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT.

28-45-105. NO DISCHARGE FROM EMPLOYMENT FOR GARNISHMENT. No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for the purpose of paying a judgment arising from a regulated consumer credit […]

Section 28-45-106 – UNCONSCIONABILITY.

28-45-106. UNCONSCIONABILITY. (1) With respect to a regulated consumer credit sale, or regulated consumer loan, if the court as a matter of law finds the agreement or any clause of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the […]

Section 28-45-107 – DEFAULT.

28-45-107. DEFAULT. An agreement of the parties to a regulated consumer credit transaction with respect to default on the part of the debtor is enforceable only to the extent that: (1) The debtor fails to make a payment as required by agreement; or (2) The prospect of payment, performance, or realization of collateral is significantly […]

Section 28-45-108 – CREDITOR’S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

28-45-108. CREDITOR’S RIGHT TO TAKE POSSESSION AFTER DEFAULT. Upon default by a debtor with respect to a regulated consumer credit transaction, unless the debtor 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 […]

Section 28-45-109 – EXTORTIONATE EXTENSIONS OF CREDIT.

28-45-109. EXTORTIONATE EXTENSIONS OF CREDIT. If it is the understanding of the creditor and the debtor 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 or property […]

Section 28-45-110 – RESTRICTION ON ACTIONS ARISING FROM A REGULATED CREDIT TRANSACTION PRIMARILY SECURED BY A MORTGAGE OR DEED OF TRUST ON RESIDENTIAL REAL PROPERTY.

28-45-110. RESTRICTION ON ACTIONS ARISING FROM A REGULATED CREDIT TRANSACTION PRIMARILY SECURED BY A MORTGAGE OR DEED OF TRUST ON RESIDENTIAL REAL PROPERTY. (1) The provisions of this section shall apply to a regulated credit transaction made on or after July 1, 2022, that is secured by a subordinate lien on real property that is […]