CRS-9 8. DELAWARE Does not specifically mention husband and wife but has a provision dealing with splitting of sales. § 4319. Splitting or dividing of sales transactions prohibited No seller shall induce or permit any buyer to split up or divide any sales transaction for the purpose of contracting for or receiving a higher rate of time price differential than would otherwise be permitted by this article or to obtain the exemption permitted by section 4302 of this title. Added 52 Del.Laws, Ch. 342. Del. Code. Ann. tit. 6 § 4319 (Supp. 1971-72) 9. DISTRICT OF COLUMBIA None 16. FLORIDA CRS-10 31663) Finance charge; maximum rates (1) Interest rates.~Every licensee may lead any aun of money not exceedIng two thousand five hundred dollars ($2,500.00). A license may not take a security interest secured by innd on any loan lew that are thrand dollars ($1000.001. The licensee may charge, contract for, and eve thereon, interen charges as provided and authorised by this section. The maximum interest rate shall be thirty percent (30%) per one hundred dollars ($100.00) per annum computed on the first three hundred dollars (2280000) of the prinsipsi amount as computed from time to time, twenty-four percent (24%) per one hundred dollars ($100.00) per annum on that part of the principal amount a compated from time to time exceeding three hundred dollars ($300.00) and not exceeding alx hundred dollars ($800.00) and sizzeen percent (16%) per one hundred dollars ($100.00) per annum on that part of the principal amount as computed from time to time exceeding six hundred dollars ($800.00). The original principal amount as used in this section shall be the Mine Amount as the amount financed as defined by the federal truth-in-lending act and regulacion # of the board of governors of the federal reserve system. In determining compliance with the statutory maximum interest and finance charg o set orth herein, the computations utilized shall be simple interest, and not add-on laverest or any other computations. (H) Delinquent accounts-A licensee may, if agreed to in writing, contract for pone and collect a delinquent charge of five cents (8.06) per dollar for each full dollar of an installment which is delinquent for ten (10) or more days which charge may be imposed only once on each delinquent installment. Ahange wader this subsection shall be in lieu of all other delinquent or dedecval obarges Payments shall be applied first to current installments, then per-due installments, and then to delinquency charges, if any. 9 Waiver of delinquency charges-Any sums called in subsection (3) not Speed on the amount prior to the time at which the next installment would be due shall be deemed waived. (4) Annual percentage rate under federal truth-in-loading set—The annual percentage rate of finance charge which may be contracted far and received der any loan contract made by a licensee under this chapter may equal, but may not exceed, the annual percentage rate which must be computed and discceed as required by the federal truth-in-lending act and regulation % of the board of governors of the federal reserve system. The maximum annual percentage rate of finance charge which may be contracted for and reeved in twelve (12) times the maximum (monthly] rate and the maximum Amaual rate shall be computed on the basis of one-twelfth (3) of the annual rate for each full month. The department shall by regulation establish the rate for each day in a fraction of a month when the period for which the ebarge is computed is more or less than one (1) month. (5) Other charges. In addition to the interest and insurance charges bereIn provided for, no further or other charges or amount whatsoever for any examination, service, brokerage, commission or other thing or otherwise shall be directly or indirectly charged, contracted for, or received, except the docuteatary excise tax and lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for filing, recording, or releasing in any public office any instrument securing the loan, which fees may be collected when the loan is made or at any time thereafter, or actual and reasonable attorney fees as determined by the court in which suit is filed and court costs, including actual and reasonable expenses of repossession, storing and selling of any property pledged as security, as determined by the court in which suit is filed. If interest or charges in excess of those permitted by this chapter shall be charged, contracted for or received, the contract or loan shall be vold and the Hoensee shall have no right to collect or receive any retaining FLORIDA CRS-11 principal, intarent or charg whatsoever. In the event of a bona fide error, the license shall refund or credit the borrower with the amount of such overcharge within five (5) days of the discovery of such error. (6) Divided leana.—No licensee shall induce or permit any borrower to split up or divide any loan. No Bonanse shall induce or permit any person, or any husband and wife, jointly or severally, to become obligated to him, directly or contingently or both, under more than one (1) contract of loan at the same time, for the purpose, or with the result, of obtaining a greater finance charge than would otherwise be permitted by this section. Added by Laws 1973, c. 73–192, § 7, eff. Oct. 1, 1973. Fla. Stat. Ann. § 516.031 (West Cum. Supp. 1974-75) 11. GEORGIA None CRS-12 12. HAWAII $409-16 Interest and charges; maximum rate; when void. Every licensee hereunder may lend any sum of money not to exceed $300 in amount and may charge, contract for, and receive thereon interest at a rate not exceeding three and one-half per cent a month on that part of the unpaid principal balance of any loan not in excess of $100 and two and one-half per cent a month on any remainder of the unpaid principal balance. No licensee shall induce or permit any borrower to split up or divide any loan. No licensee shall induce or permit any person, nor any husband and wife jointly or severally, to become obligated, directly or contingently, or both, under more than one contract of loan at the same time, for the purpose or with the result of obtaining a higher rate of interest than would otherwise be permitted by this section. Interest shall not be paid, deducted, or received in advance. Interest shall be computed and paid only on unpaid principal balances and shall not be compounded. The maximum interest permitted on loans made under this chapter shall be computed on the basis of the number of days actually elapsed and for the purpose of the computations a month shall be any period of thirty consecutive days. In addition to the interest provided for, no further or other charges or amount whatsoever for any examination, service, brokerage, commission, expense, fee, or bonus or other thing or otherwise shall be directly or indirectly charged, contracted for, or received, except: (1) Lawful fees actually paid out by the licensee to any public officer (A) for filing, recording, or releasing any instrument securing the loan, or (B) for transferring certificate of title to a motor vehicle securing the loan or noting a lien on the certificate; (2) Premiums actually paid out for insurance on the life or pledged property of the borrower; and (3) Taxable costs and expenses to which the licensee becomes entitled under general law in any court proceedings either to collect a loan or to realize on a security after default. A licensee is permitted to collect the lawful fees and premiums, mentioned in the immediately preceding sentence, either at the time when the loan is made or at any time thereafter. If any interest, consideration, or charges in excess of those permitted by this chapter are charged, contracted for, or received the contract of loan shall be void and the licensee shall have no right to collect or receive any principal, interest, or charges whatsoever. [L 1937, c 232, pt of §1 (7058-N); RL 1945, §8846; am L 1953, c 73, §1 (1); RL 1955, §195-16} Hawaii Rev. Stat. §490-16 (1959) 13. IDAHO CRS-13 28-33-509. Use of multiple agreements.-With respect to a supervised loan, no lender may permit any person, or husband and wife, to become obligated in any way under more than one loan agreement with the lender or with a person related to the lender, with intent to obtain a higher rate of loan finance charge than would otherwise be permitted by the provisions on loan finance charge for supervised loans (section 28-33-508) or to avoid disclosure of an annual percentage rate pursuant to the provisions on disclosure and advertising (Part 3). The excess amount of loan finance charge provided for in agreements in violation of this section is an excess charge for the purposes of the provisions on effect of violations on rights of parties (section 2835-202) and the provisions on civil actions by administrator (section 28-36-113). [1971, ch. 299, §.3.509, p. 1116.] Idaho Code § 28-33-509 (Cum. Supp. 1971) 36-910 O 74 - pt. 2 - 14 |