(a) Except as otherwise permitted by law, all contracts for the payment of interest upon the loan or forbearance of goods, money, things in action, or upon any contract whatever at a higher rate than is prescribed in this chapter are usurious and cannot be enforced except as to the principal.
(b) The borrower of money at a usurious rate of interest shall not in any case be required to pay more than the principal sum borrowed, and if any interest has been paid, the same must be deducted from the principal and judgment entered for the balance only; provided, however, that the defense of usury may not be pleaded against a holder in due course of any negotiable instrument.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Chapter 8 - Interest and Usury.
Section 8-8-1 - Maximum Rates of Interest - Generally.
Section 8-8-1.1 - Maximum Rates of Interest - Permitted Under State or Federal Law.
Section 8-8-1.2 - Maximum Rates of Interest - Loans Secured by Savings Accounts.
Section 8-8-8 - Interest Accrues on Breach of Contract.
Section 8-8-9 - Interest on Unauthorized Change Bills and Notes Not Exceeding $1.
Section 8-8-10 - Interest on Money Judgments and Costs.
Section 8-8-11 - Application of Partial Payments to Principal and Interest.
Section 8-8-12 - Enforcement of Usurious Contracts.
Section 8-8-15 - Bad Check Charge; Deemed Not Finance Charge.