70C-7-201. Effect of violations by creditors — Penalties — Debtor’s rights. (1) A debtor is not obligated to pay a charge in excess of that allowed by this title, and if he has paid an excess charge he has a right to a refund. A refund may be made in whole or in part by […]
70C-7-202. Assignees of creditor. Except as otherwise specifically provided in this title, or unless the assignment is involuntary, any civil action for violation of this title which may be brought against the original creditor in any consumer credit transaction may be maintained against any subsequent assignee of the original creditor where the violation from which […]
70C-7-203. Refunds and penalties as setoff to obligation. Refunds or penalties to which the debtor is entitled under this part may be set off against the debtor’s obligation and may be raised as a defense to a suit on the obligation without regard to the time limitations prescribed by this part. Enacted by Chapter 159, […]
70C-7-204. Attorney’s fees. In any case where it is found that a creditor has violated this title or its agreement with the debtor, the court may award reasonable attorney’s fees to the debtor. Enacted by Chapter 159, 1985 General Session
70C-7-205. Statute of limitations. No action under this title may be brought more than one year after the date of the occurrence of the violation. This section does not bar a person from asserting a violation of this title in an action to collect the debt which is brought more than one year after the […]
70C-7-206. Creditor’s defenses. (1) If a creditor establishes by a preponderance of evidence that a violation of this title is unintentional or the result of a bona fide error, no penalty as specified in Sections 70C-7-201 and 70C-7-204 may be imposed and the validity of the transaction is not affected. (2) A creditor or assignee […]
