Okla. Stat. tit. 14A, § 14A-3-203
This is the official text of Okla. Stat. tit. 14A, § 14A-3-203, part of Oklahoma’s Stat. tit. 14A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 14A,." Browse the sections below, each linked to its official government source.
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Delinquency charges
Official statutory text
(1) With respect to a precomputed consumer loan, refinancing,
or consolidation, the parties may contract for a delinquency charge
on any installment not paid in full within ten (10) days after its
scheduled due date in an amount not less than Five Dollars ($5.00)
nor more than any of the following, whichever is greater:
(a) five percent (5%) of the unpaid amount of the
installment,
(b) the dollar amount provided by rule of the
Administrator for this section pursuant to Section 1-
106 of this title, or
Oklahoma Statutes - Title 14A. Consumer Credit Code Page 87
(c) the deferral charge (subsection (1) of Section 3-204)
that would be permitted to defer the unpaid amount of
the installment for the period that it is delinquent.
(2) A delinquency charge under paragraph (a) of subsection (1)
may be collected only once on an installment however long it remains
in default. No delinquency charge may be collected if the
installment has been deferred and a deferral charge (Section 3-204)
has been paid or incurred. A delinquency charge may be collected at
the time it accrues or at any time thereafter.
(3) No delinquency charge may be collected on an installment
which is paid in full within ten (10) days after its scheduled
installment due date even though an earlier maturing installment or
a delinquency charge on an earlier installment may not have been
paid in full. For purposes of this subsection payments are applied
first to current installments and then to delinquent installments.
(4) If two installments or parts thereof of a precomputed loan
are in default for ten (10) days or more, the lender may elect to
convert the loan from a precomputed loan to one in which the loan
finance charge is based on unpaid balances. In this event he shall
make a rebate pursuant to the provisions on rebate upon prepayment
(Section 3-210) as of the maturity date of the first delinquent
installment, and thereafter may make a loan finance charge as
authorized by the provisions on loan finance charge for consumer
loans (Section 3-201) or the provisions on loan finance charge for
supervised loans (Section 3-508A), whichever is appropriate. The
amount of the rebate shall not be reduced by the amount of any
permitted minimum charge (Section 3-210). If the lender proceeds
under this subsection, any delinquency or deferral charges made with
respect to installments due at or after the maturity date of the
first delinquent installment shall be rebated, and no further
delinquency or deferral charges shall be made.
(5) With respect to a consumer loan, refinancing or
consolidation, which is not precomputed, including a revolving loan
account accessed by lender credit card or similar arrangement, the
parties may contract for a delinquency charge on any installment not
paid in full within ten (10) days after its scheduled due date in an
amount not less than Five Dollars ($5.00) nor more than the greater
of five percent (5%) of the unpaid amount of the payment or the
dollar amount provided by the rule of the Administrator in effect
for this section pursuant to Section 1-106 of this title. No more
than one delinquency charge may be imposed in each billing cycle and
it may be collected at any time after it accrues either
independently of any payment made on the account or from a payment
made if the lender discloses delinquency charges to the debtor as
they are imposed and informs the debtor of the full amount that the
debtor must pay for the applicable period in order to remain current
on the account.
Oklahoma Statutes - Title 14A. Consumer Credit Code Page 88
or consolidation, the parties may contract for a delinquency charge
on any installment not paid in full within ten (10) days after its
scheduled due date in an amount not less than Five Dollars ($5.00)
nor more than any of the following, whichever is greater:
(a) five percent (5%) of the unpaid amount of the
installment,
(b) the dollar amount provided by rule of the
Administrator for this section pursuant to Section 1-
106 of this title, or
Oklahoma Statutes - Title 14A. Consumer Credit Code Page 87
(c) the deferral charge (subsection (1) of Section 3-204)
that would be permitted to defer the unpaid amount of
the installment for the period that it is delinquent.
(2) A delinquency charge under paragraph (a) of subsection (1)
may be collected only once on an installment however long it remains
in default. No delinquency charge may be collected if the
installment has been deferred and a deferral charge (Section 3-204)
has been paid or incurred. A delinquency charge may be collected at
the time it accrues or at any time thereafter.
(3) No delinquency charge may be collected on an installment
which is paid in full within ten (10) days after its scheduled
installment due date even though an earlier maturing installment or
a delinquency charge on an earlier installment may not have been
paid in full. For purposes of this subsection payments are applied
first to current installments and then to delinquent installments.
(4) If two installments or parts thereof of a precomputed loan
are in default for ten (10) days or more, the lender may elect to
convert the loan from a precomputed loan to one in which the loan
finance charge is based on unpaid balances. In this event he shall
make a rebate pursuant to the provisions on rebate upon prepayment
(Section 3-210) as of the maturity date of the first delinquent
installment, and thereafter may make a loan finance charge as
authorized by the provisions on loan finance charge for consumer
loans (Section 3-201) or the provisions on loan finance charge for
supervised loans (Section 3-508A), whichever is appropriate. The
amount of the rebate shall not be reduced by the amount of any
permitted minimum charge (Section 3-210). If the lender proceeds
under this subsection, any delinquency or deferral charges made with
respect to installments due at or after the maturity date of the
first delinquent installment shall be rebated, and no further
delinquency or deferral charges shall be made.
(5) With respect to a consumer loan, refinancing or
consolidation, which is not precomputed, including a revolving loan
account accessed by lender credit card or similar arrangement, the
parties may contract for a delinquency charge on any installment not
paid in full within ten (10) days after its scheduled due date in an
amount not less than Five Dollars ($5.00) nor more than the greater
of five percent (5%) of the unpaid amount of the payment or the
dollar amount provided by the rule of the Administrator in effect
for this section pursuant to Section 1-106 of this title. No more
than one delinquency charge may be imposed in each billing cycle and
it may be collected at any time after it accrues either
independently of any payment made on the account or from a payment
made if the lender discloses delinquency charges to the debtor as
they are imposed and informs the debtor of the full amount that the
debtor must pay for the applicable period in order to remain current
on the account.
Oklahoma Statutes - Title 14A. Consumer Credit Code Page 88
Status: in_force · Read it on the official government site
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