Section 205 – Statute of limitations.
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 […]
Section 206 – Creditor’s defenses.
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 […]
Section 101 – Administration of title.
70C-8-101. Administration of title. (1) As used in this chapter, “department” means the Department of Financial Institutions. (2) This title shall be administered by the department. Enacted by Chapter 159, 1985 General Session
Section 102 – Powers of department — Conformity with federal law — Reliance on rules.
70C-8-102. Powers of department — Conformity with federal law — Reliance on rules. (1) In addition to other powers granted by this title, the department, within the limitations provided by law, may: (a) receive and act on complaints, take action designed to obtain voluntary compliance with this title, or commence administrative or judicial proceedings on […]
Section 103 – Investigatory powers — Evidence.
70C-8-103. Investigatory powers — Evidence. (1) The department shall conduct studies and examinations of parties subject to this title it deems necessary and appropriate to monitor the kinds and amounts of credit that are being extended to consumers in this state to determine whether violations of this title and other applicable laws, rules, and regulations […]
Section 101 – Restriction on deficiency judgments in consumer credit sales.
70C-7-101. Restriction on deficiency judgments in consumer credit sales. (1) If a seller repossesses or voluntarily accepts the surrender or return of goods that were the subject of a consumer credit sale and in which the seller has a security interest to secure a debt arising from the sale of goods or services or a […]
Section 102 – No garnishment before judgment.
70C-7-102. No garnishment before judgment. Prior to entry of judgment in an action against a debtor relating to a consumer credit agreement, the creditor may not attach unpaid earnings of the debtor by garnishment or like proceedings. Enacted by Chapter 159, 1985 General Session
Section 103 – Definitions — Limitation on garnishment.
Effective 3/27/2014 70C-7-103. Definitions — Limitation on garnishment. (1) As used in 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. (b) “Education loan” means a loan subject to this title, or notwithstanding Subsection 70C-1-202(2)(h)(ii)(B)(II), […]
Section 104 – No discharge from employment for garnishment.
70C-7-104. No discharge from employment for garnishment. No employer may discharge any employee because his earnings have been subject to garnishment in connection with any one judgment. Enacted by Chapter 159, 1985 General Session
Section 105 – Extortionate extensions of credit.
70C-7-105. 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 […]