Except as the application of this Code section is modified by Code Section 7-3-5, where the lender neither takes nor contracts to take more than lawful interest, the loan is not rendered usurious by money paid or agreed to be paid others by the borrower in order to obtain the loan.
History. Civil Code 1895, § 2887; Civil Code 1910, § 3437; Code 1933, § 57-104; Ga. L. 1957, p. 331, § 3.
History of Code section.
This Code section is derived from the decisions in Merck v. American Freehold Land Mfg. Co., 79 Ga. 213 , 7 S.E. 265 (1887), and Hughes v. Griswold, 82 Ga. 299 , 9 S.E. 1092 (1889).
Editor’s notes.
Code Section 7-3-5, referred to in this Code section, was repealed by Ga. L. 2020, p. 156, § 2/SB462, effective June 30, 2020.
Law reviews.
For note discussing the applicability of the usury laws to legitimate brokers’ commissions, see 12 Ga. L. Rev. 814 (1978).
For article discussing methods of computation of finance charges in Georgia consumer credit contracts, see 30 Mercer L. Rev. 281 (1978).
Structure Georgia Code
Chapter 4 - Interest and Usury
§ 7-4-4. Advertisement of Rates of Interest or Finance Charge
§ 7-4-8. Commission to Third Person Does Not Make Lawful Interest Usurious
§ 7-4-9. Back Interest May Be Stipulated in Contract and Recovered
§ 7-4-11. Usury Is Personal Defense; No Collection From Insolvent to Prejudice of Others
§ 7-4-12. Interest on Judgments
§ 7-4-12.1. Interest on Arrearage on Child Support; Settlement of Unreimbursed Public Assistance
§ 7-4-13. Law of Place of Contract Governs Interest Unless Otherwise Provided
§ 7-4-14. Interest Runs From Default Unless Otherwise Agreed; When Demand Necessary
§ 7-4-15. When Interest Runs on Liquidated Demands; Promissory Notes Payable on Demand
§ 7-4-16. When Interest Runs on Commercial Accounts; Maximum Interest Rate on Commercial Accounts
§ 7-4-17. Payment Applied First to Interest; No Interest on Unpaid Interest; Exceptions
§ 7-4-18. Criminal Penalty for Excessive Interest
§ 7-4-19. Civil Action to Enforce Chapter
§ 7-4-20. Election to Forgo Application of Federal Usury Laws