Indiana Code
Chapter 7. Small Loans
24-4.5-7-401. Term of Loan; Consecutive Small Loans; Extended Payment Plans

Sec. 401. (1) A small loan may not be made for a term of less than fourteen (14) days.
(2) If five (5) consecutive small loans have been made to a borrower after the borrower's initial small loan, another small loan may not be made to that borrower within seven (7) days after the fifth consecutive small loan is paid in full. After the borrower's fifth consecutive small loan, the balance must be paid in full.
(3) Subject to subsection (4), whenever a borrower has entered into an initial small loan followed by three (3) consecutive small loans, the lender shall offer the borrower the option to repay:
(a) the third consecutive small loan; and
(b) subject to subsection (2), any small loan entered into after the third consecutive small loan;
under an extended payment plan. At the time of execution of a small loan described in subdivision (a) or (b), the lender shall disclose to the borrower the extended payment plan option by providing the borrower a written description of the extended payment plan option in a separate disclosure document approved by the director.
(4) A lender shall offer an extended payment plan under subsection (3) under the following terms and conditions:
(a) A borrower shall be permitted to request an extended payment plan at any time during the term of a third or subsequent consecutive small loan if:
(i) the borrower has not defaulted on the outstanding small loan; and
(ii) the rescission period under section 402(6) of this chapter has expired.
(b) An extended payment plan must allow the outstanding small loan to be paid in at least four (4) equal installments over a period of not less than sixty (60) days.
(c) An agreement for an extended payment plan may not require a borrower to pay any amount before the original maturity date of the outstanding small loan.
(d) The lender may not assess any fee or charge on a borrower for entering into an extended payment plan.
(e) An agreement for an extended payment plan must be in writing and acknowledged by both the borrower and the lender.
(f) A borrower may not enter into another small loan transaction while engaged in an extended payment plan.
(g) A lender shall not:
(i) compel, advise, solicit, or coerce a borrower to not exercise the borrower's right to request an extended payment plan;
(ii) discourage a borrower from exercising the borrower's right to request an extended payment plan; or
(iii) take any other action to influence a borrower's right to request an extended payment plan.
(5) An agreement for an extended payment plan under subsection (3):
(a) shall be considered an extension of the outstanding small loan; and
(b) may not be considered a new loan.
As added by P.L.38-2002, SEC.1. Amended by P.L.258-2003, SEC.2; P.L.73-2004, SEC.26; P.L.10-2006, SEC.16 and P.L.57-2006, SEC.16; P.L.213-2007, SEC.25; P.L.217-2007, SEC.24; P.L.186-2015, SEC.25; P.L.69-2018, SEC.28.

Structure Indiana Code

Indiana Code

Title 24. Trade Regulation

Article 4.5. Uniform Consumer Credit Code

Chapter 7. Small Loans

24-4.5-7-101. Citation

24-4.5-7-102. Applicability; Authority to Make, Take Assignment Of, or Collect Small Loans; License Required; Application; Separate License Required for Activities Involving Consumer Loans; "Regularly Engages"

24-4.5-7-103. Definitions

24-4.5-7-104. Small Loan

24-4.5-7-105. Principal

24-4.5-7-106. Check

24-4.5-7-107. Renewal

24-4.5-7-108. Consecutive Small Loan

24-4.5-7-109. Paid in Full

24-4.5-7-110. Monthly Gross Income

24-4.5-7-111. Lender

24-4.5-7-112. Lender Not Considered a Financial Institution

24-4.5-7-201. Finance Charges

24-4.5-7-202. Fee for Dishonored Check, Electronic Funds Transfer, or Debit Authorization; Limits on Lender's Presentment of Check or Debiting of Account

24-4.5-7-301. Disclosures; Informational Brochure

24-4.5-7-401. Term of Loan; Consecutive Small Loans; Extended Payment Plans

24-4.5-7-402. Limits Based on Borrower's Income; Security; Partial Payments; Payments; Loan Documents; Recision; Renewal Prohibited

24-4.5-7-403. Security for Loan

24-4.5-7-404. Limits and Number and Amounts of Outstanding Loans; Lender's Verification; Third Party Data Base; Civil Penalties; Excess Finance Charges; Verification of Social Security Number

24-4.5-7-405. Carrying on Other Business

24-4.5-7-406. Borrower's Default; Permissible and Prohibited Remedies; Notice to Borrower

24-4.5-7-407. Repealed

24-4.5-7-408. Repealed

24-4.5-7-409. Violations; Remedies and Damages; Equitable Relief; Exhaustion of Administrative Remedies Not Required

24-4.5-7-410. Prohibited Acts by Lender

24-4.5-7-411. Exemption of Finance Charges

24-4.5-7-412. Endorsement of Check

24-4.5-7-413. Surety Bond; Requirements; Amount; Termination; Liability; Notices

24-4.5-7-414. Rulemaking Authority