16a-5-107. (UCCC) Extortionate extensions of credit. (1) If it is the understanding of the creditor and the consumer at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the consumer.
(2) If it is shown that an extension of credit was made at an annual rate exceeding thirty-six percent (36%) calculated according to the actuarial method and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1).
History: L. 1973, ch. 85, ยง 83; January 1, 1974.
Structure Kansas Statutes
Chapter 16a - Consumer Credit Code
Article 5 - Remedies And Penalties
16a-5-103 (UCCC) Restrictions on deficiency judgments.
16a-5-107 (UCCC) Extortionate extensions of credit.
16a-5-108 (UCCC) Unconscionability; inducement by unconscionable conduct.
16a-5-110 (UCCC) Notice of consumer's right to cure.
16a-5-111 (UCCC) Cure of default.
16a-5-112 (UCCC) Creditor's right to take possession after default.
16a-5-201 (UCCC) Effect of violations on rights of parties.
16a-5-202 (UCCC) Refunds and penalties as setoff to obligation.
16a-5-203 (UCCC) Civil liability for violation of disclosure provisions.