Oklahoma § 59-3108 - Finance charges - Dishonored instruments

§ 59-3108. Finance charges - Dishonored instruments

A. Regardless of any other law governing the imposition of

interest, fees, loan finance charges or the extension of credit, a

deferred deposit lender may charge a finance charge for each

deferred deposit loan that does not exceed Fifteen Dollars ($15.00)

for every One Hundred Dollars ($100.00) advanced up to the first

Three Hundred Dollars ($300.00) of the amount advanced; for the

advance amounts in excess of Three Hundred Dollars ($300.00), the

lender may charge an additional finance charge of Ten Dollars

($10.00) for every One Hundred Dollars ($100.00) advanced in excess

of Three Hundred Dollars ($300.00). The credit terms of the

deferred deposit loan shall be disclosed in accordance with

Regulation Z, including the terms “finance charge” and “annual

percentage rate”. The finance charge under this subsection shall be

deemed fully earned as of the date of the transaction. Except for a

fee for a dishonored instrument and the actual database verification

fee pursuant to subparagraph b of paragraph 2 of subsection B of

Section 3109 of this title, the lender may charge only those charges

expressly authorized in this subsection in connection with a

deferred deposit loan.

B. If an instrument held by a lender as a result of a deferred

deposit loan is returned to the lender from a payor financial

institution due to insufficient funds, a closed account or a stop

payment order, the lender shall have the right to exercise all civil

means authorized by law to collect the amount of the instrument. In

addition, the lender may contract for and collect a dishonored

instrument charge, not to exceed Twenty-five Dollars ($25.00);

however, a dishonored instrument charge shall not be allowed if the

instrument is dishonored by a financial institution, or the debtor

places a stop payment order, due to forgery or theft of the

instrument.

Added by Laws 2003, c. 240, § 8, eff. Sept. 1, 2003. Amended by

Laws 2004, c. 557, § 5, emerg. eff. June 10, 2004.

Oklahoma Statutes - Title 59. Professions and Occupations