Louisiana Revised Statutes 6:1122.1 – Defenses to written credit agreements
Terms Used In Louisiana Revised Statutes 6:1122.1
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
A.(1) In an action by a creditor, the debtor shall not assert a defense based on the terms and conditions of a credit agreement, unless the agreement is in writing, expresses conditions, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor.
(2) This Subsection shall not apply to unsecured revolving loan accounts, including those accessed by credit cards, or to any other unsecured consumer loans.
B. Nothing in this Section shall limit the debtor’s ability to assert a defense of forgery, identity theft, mistaken identity, lack of authorization, lack of contractual capacity, or payment of the debt.
C. As used in this Section, the terms “consumer loan”, “credit card”, and “revolving loan account” shall have the meanings ascribed to them in the Louisiana Consumer Credit Law, La. Rev. Stat. 9:3510, et seq.
Acts 2013, No. 356, §1, eff. June 17, 2013.