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 28-44-110 – CHARGE FOR INSURANCE IN CONNECTION WITH A DEFERRAL, REFINANCING, OR CONSOLIDATION — DUPLICATE CHARGES.
28-44-110. CHARGE FOR INSURANCE IN CONNECTION WITH A DEFERRAL, REFINANCING, OR CONSOLIDATION — DUPLICATE CHARGES. (1) A creditor may not contract for or receive a separate charge for insurance in connection with a deferral, section 28-42-302, Idaho Code, a refinancing, section 28-42-303, Idaho Code, or a consolidation, section 28-42-304, Idaho Code, unless: (a) The debtor […]
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 28-44-111 – COOPERATION BETWEEN DEPARTMENTS.
28-44-111. COOPERATION BETWEEN DEPARTMENTS. The director of the department of finance and the director of the department of insurance are authorized and directed to consult and assist one another in maintaining compliance with this chapter. They may jointly pursue investigations, prosecute suits, and take other official action, as may seem to them appropriate, if either […]
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 28-44-201 – TERM OF INSURANCE.
28-44-201. TERM OF INSURANCE. (1) Credit insurance provided by a creditor may be subject to the furnishing of evidence of insurability satisfactory to the insurer. Whether or not such evidence is required, the term of the insurance shall commence no later than when the debtor becomes obligated to the creditor or when the debtor applies […]