Utah Code 70C-2-102. Delinquency charges
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Terms Used In Utah Code 70C-2-102
- Agreement: means the bargain of the parties in fact as stated in a written contract or otherwise as found in the parties' language or by implication from other circumstances, including:(1)(a) course of dealing;(1)(b) usage of trade; or(1)(c) course of performance. See Utah Code 70C-1-302
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a document containing written terms and conditions of a credit agreement. See Utah Code 70C-1-302
- Creditor: means :
(4)(a)(i) a party:(4)(a)(i)(A) who regularly extends consumer credit that is subject to a finance charge or is payable by written agreement in more than four installments, not including a down payment; and(4)(a)(i)(B) to whom the obligation is initially payable, either on the face of the note or contract, or by agreement when there is no note or contract;(4)(a)(ii) an issuer of a credit card that extends either open-end credit or credit that:(4)(a)(ii)(A) is not subject to a finance charge; and(4)(a)(ii)(B) is not payable by written agreement in more than four installments; and(4)(a)(iii) an issuer of a credit card that extends closed-end credit that:(4)(a)(iii)(A) is subject to a finance charge; or(4)(a)(iii)(B) is payable by written agreement in more than four installments. See Utah Code 70C-1-302- Installment: means a payment upon a debt that is part of a series of payments, each of which is less than the original amount of the debt and scheduled as to a specific amount and due date by agreement of the parties for the purpose of repaying the debt. See Utah Code 70C-1-302
(1)(a) The parties to any consumer credit agreement may contract for a delinquency charge on any installment not paid in full by its scheduled due date in an amount not exceeding the greater of:(1)(a)(i) $30; or(1)(a)(ii) 5% of the delinquent unpaid amount of the installment.(1)(b) Notwithstanding Subsection(1)(a) , in a contract, renewed, executed, or modified on or after May 3, 1999, a depository institution as defined in Section7-1-103 may contract for and collect a delinquency charge on an installment not paid in full by its scheduled due date in excess of the limitation imposed under Subsection(1)(a) .(2) This section may not be interpreted to require a creditor to accept a partial payment for an installment.(3)(3)(a) A delinquency charge as authorized by this section may be collected only once on each installment regardless of how long it remains delinquent.(3)(b) A delinquency charge may not be collected if:(3)(b)(i) the installment has been deferred; and(3)(b)(ii) a deferral charge under Section70C-2-103 has been paid or incurred.(3)(c) A delinquency charge may be collected:(3)(c)(i) at the time it accrues; or(3)(c)(ii) any time after it accrues.