Guam § 5201 - Effect of Violations on Rights of Parties.

§ 5201. Effect of Violations on Rights of Parties.

(1) Except as otherwise provided, no violation of this Title shall

impair rights on a debt.

(2) The 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 by reducing the debtor's obligation by

the amount of the excess charge. If the debtor has paid to the creditor an

amount in excess of the lawful obligation under the agreement, the

debtor may recover the excess amount from the person who made the

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excess charge or from the person to whom the excess charge was paid.

(3) If the debtor is entitled to a refund and a person liable to the

debtor refuses, within a reasonable time after demand, to make a refund,

the debtor may recover from that person a penalty in an amount

determined by a court not in excess of the greater of either ten (10) times

the amount of the excess charge, or the amount of the credit service or

loan finance charge. If the creditor has made an excess charge in

deliberate violation of or in reckless disregard for this Title, the penalty

may be recovered even though the creditor has refunded the excess

charge. No action pursuant to this Subsection may be brought in this

Territory more than three (3) years after the time the excess charge was

made or more than one (1) year after the due date of the last scheduled

payment of the agreement pursuant to which the charge was made,

whichever is later. No penalty pursuant to this Subsection may be

recovered if a court has ordered a similar penalty in a civil action by the

Administrator (§ 6113).

(4) If the creditor has violated the provisions of this Title applying

to referral sales (§ 2411) or limitations on the schedule of payments or

loan term for regulated loans (§ 3513), the debtor is not obligated to pay

the credit service or loan finance charge. If he has paid any part of this

charge he has a right to recover the payment from the person violating

this Title or from a transferee of that person's rights to whom debt is then

owing. No action pursuant to this Subsection may be brought in this

Territory more than one (1) year after the due date of the last scheduled

payment of the agreement pursuant to which the charge was paid.

(5) If the creditor has violated the provisions of this Title applying

to authority to make regulated loans (§ 3502), the loan is void and the

debtor is not obligated to pay either the principal or loan finance charge.

If he has paid any part of the principal or of the loan finance charge, he

has a right to recover the payment from the person violating this Title or

from a transferee of that person's rights to whom debt is then owing. No

action pursuant to this Subsection may be brought in this Territory more

than one (1) year after the due date of the last scheduled payment of the

agreement pursuant to which the charge was paid.

(6) If the creditor establishes by a preponderance of evidence that a

violation is unintentional or the result of a bona fide error:

(a) no liability to pay a penalty shall be imposed under

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Subsection (3);

(b) no liability shall be imposed under Subsection (4); and

(c) no liability shall be imposed under Subsection (5) and the

validity of the loan shall not be affected.

(7) In any case in which it is found that a creditor is liable for a

violation of this Title, the court may award reasonable attorneys' fees

incurred by the debtor.