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Terms Used In Utah Code 70C-7-204

  • 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
  • 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

     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.