Missouri Revised Statutes
Chapter 408 - Legal Tender and Interest
Section 408.552 - Enforceability of default provisions.

Effective - 28 Aug 1979
408.552. Enforceability of default provisions. — An agreement of the parties to a credit transaction concerning default by the borrower is enforceable only to the extent that:
(1) The borrower fails to make a payment as required by agreement; or
(2) The lender's prospect of payment, performance, or ability to realize upon the collateral is significantly impaired; the burden of establishing significant impairment is on the lender.
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(L. 1979 S.B. 305)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXVI - Trade and Commerce

Chapter 408 - Legal Tender and Interest

Section 408.010 - Silver a legal tender.

Section 408.015 - Definitions.

Section 408.020 - When no rate of interest is agreed upon, nine percent allowed as legal interest.

Section 408.030 - Interest, maximum rate allowed — penalty for overcharge, limitation on action for — "market rate" to be determined, when, how — discounting to financial organizations authorized.

Section 408.031 - Fee in lieu of interest may be charged on loan — exception.

Section 408.032 - Recording fees.

Section 408.035 - Unlimited interest, when allowed.

Section 408.036 - Prepayment penalty by lender prohibited, exception — maximum permitted, exceptions — return of moneys above maximum permitted.

Section 408.040 - Interest on judgments, how regulated — prejudgment interest allowed when, procedure.

Section 408.050 - Excess interest paid recoverable with costs and attorney fee.

Section 408.052 - Points prohibited, exception — penalties for illegal points — violation a misdemeanor — default charge authorized, when, exceptions.

Section 408.060 - Defendant may plead usury — judgment, how rendered — corporations cannot enter plea of usury.

Section 408.070 - Usurious interest — security agreement invalid.

Section 408.080 - Interest may be paid on interest — compounding limited to once a month — prohibited for certain loans.

Section 408.081 - Validity of certain existing contract not to be affected, when.

Section 408.083 - Credit contracts, prepayment before maturity, computation of interest.

Section 408.090 - Demand loans where only securities are pledged not subject to usury laws.

Section 408.092 - Attorney fees, enforcement of credit agreements, limitations.

Section 408.095 - Charging interest of more than two percent per month a misdemeanor, exceptions.

Section 408.096 - Loan arrangement, excess fee prohibited for certain transactions — penalty.

Section 408.100 - Applicability of section — rate of interest.

Section 408.105 - Precomputed loans, extensions, fee, limitations.

Section 408.110 - Short title — applicability of sections 408.120 to 408.190.

Section 408.120 - Interest computed and paid, how.

Section 408.130 - Borrower to receive statement of contract — contents — prepayment effect — receipts for payments.

Section 408.140 - Additional charges or fees prohibited, exceptions — no finance charges if purchases are paid for within certain time limit, exception.

Section 408.145 - Fees for credit cards issued in contiguous states.

Section 408.150 - Lender can not receive excess interest — failure by lender to return excess interest, damages allowed.

Section 408.160 - False advertising prohibited.

Section 408.170 - Contracts paid in full before due date — recomputations of interest — refund defined.

Section 408.175 - Interest rate when maturity of note or contract accelerated.

Section 408.178 - Deferral of monthly loan payments, fee authorized for certain loans.

Section 408.180 - Authority of director to verify interest rates charged.

Section 408.190 - Certain loans exempt from sections 408.120 to 408.180, and 408.200.

Section 408.193 - Credit cards, no derogatory reports to credit agencies for carrying a zero balance.

Section 408.200 - Borrower not to be indebted on two or more contracts with same lender, when.

Section 408.210 - Assignment of wages or compensation — excess over loan deemed interest.

Section 408.213 - Changes to certain sections remedial only.

Section 408.231 - Definitions.

Section 408.232 - Rates and terms.

Section 408.233 - Additional charges authorized.

Section 408.234 - Collateral — prepayment rights, method of computation.

Section 408.235 - Director may examine certain lenders.

Section 408.236 - Recovery of interest barred, when, exceptions — actions taken or omitted in reliance on interpretation by division of finance, effect.

Section 408.237 - Applicability of sections 408.231 to 408.241.

Section 408.240 - Penalties — actions taken or omitted in reliance on written interpretation by division, effect.

Section 408.241 - Prepayment fee, second mortgage loans, allowed when.

Section 408.250 - Definitions.

Section 408.260 - Time contract, how executed — required contents — additional notes to cut off buyer's rights prohibited — waiver of buyer's legal remedies prohibited.

Section 408.270 - Retail time contracts negotiated by mail — delivery unnecessary — notice of insertions in blanks.

Section 408.280 - Insurance purchased to secure retail time contract, regulation.

Section 408.290 - Retail charge agreement — form — delivery to buyer — contents.

Section 408.300 - Time charges, amount authorized on retail time contracts — retail charge agreements, time charges authorized.

Section 408.310 - Assignments of retail time contracts and charge agreements — notice to buyer, effect.

Section 408.320 - Buyer may pay retail time contract debt before maturity — refund of charges.

Section 408.330 - Delinquency and collection charges permitted — insurance premium in lieu of perfecting security interest authorized — attorney fees — consolidation of contracts — convenience fee, when.

Section 408.340 - Applicability to prior transactions.

Section 408.350 - Waiver of provisions void.

Section 408.360 - Citation of law.

Section 408.365 - Acceleration clauses, repossession or confession of judgment by power of attorney, right of entry to repossess and waiver of damages from repossession provisions, prohibited.

Section 408.370 - Violation, penalty — effect on time and other charges — correction.

Section 408.375 - Retail installment agreement, deemed signed or accepted, when.

Section 408.380 - Sale of certain financial products and plans associated with certain loan transactions not prohibited.

Section 408.400 - Definitions.

Section 408.405 - Defenses or setoffs arising from transaction good against holder of security instrument, when.

Section 408.410 - Exempt transactions.

Section 408.415 - Chapter 400 is modified by provisions of sections 408.400 to 408.415.

Section 408.455 - Variable rate agreements subject to certain provisions.

Section 408.500 - Unsecured loans of five hundred dollars or less, licensure of lenders, interest rates and fees allowed — penalties for violations — cost of collection expenses — notice required, form.

Section 408.505 - Term of loans, charges permitted, repayment, return check charge.

Section 408.506 - Report to the general assembly, contents.

Section 408.510 - Licensure of consumer installment lenders — interest and fees allowed.

Section 408.512 - Loans by traditional installment loan lenders.

Section 408.550 - Discrimination prohibited — damages recoverable.

Section 408.551 - Applicability of sections 408.551 to 408.562 — credit transaction defined.

Section 408.552 - Enforceability of default provisions.

Section 408.553 - Recovery limitation.

Section 408.554 - Notice of default, contents, form, delivery.

Section 408.555 - Acceleration, repossession and cancellation restricted — required procedures — borrower's right to cure.

Section 408.556 - Actions arising from default, contents of petition — default judgment requires sworn testimony — recovery of unpaid balances.

Section 408.557 - Notice required before deficiency action may be commenced.

Section 408.558 - Security interests not to be taken, when.

Section 408.560 - Unenforceable provisions in note or credit contract.

Section 408.562 - Damages recoverable for violation.

Section 408.570 - Definitions.

Section 408.575 - Denial of loans prohibited, when, reasons for.

Section 408.580 - Applications to be accepted — written reasons for rejection required — display of statute required — retention of records — rulemaking, procedure.

Section 408.585 - Limitation on requirements of sections 408.570 to 408.600.

Section 408.590 - Division directors, report to governor and department director, contents.

Section 408.595 - Financial institutions to make other annual report, contents.

Section 408.600 - Division directors to enforce provisions of sections 408.570 to 408.600 — complaints, how handled — hearings — remedies.

Section 408.675 - Citation of law — definitions.

Section 408.677 - Government access to records, when — requirements.

Section 408.680 - Financial institution may not disclose, exceptions, requirements.

Section 408.682 - Customer authorization, requirements.

Section 408.683 - Subpoena, government may obtain records with, when — procedure — notice required.

Section 408.685 - Delay of notice, allowed when — postdisclosure notice, form of.

Section 408.686 - Challenge to subpoena — procedure, appeals.

Section 408.687 - Financial institution to assemble records upon subpoena — delivery of records, when.

Section 408.689 - Transfer of records to additional agency, allowed when — notice.

Section 408.690 - Nonprohibited disclosure activities.

Section 408.692 - Law not applicable to government authority, when — procedure.

Section 408.693 - Fee paid to financial institution, amount, how determined.

Section 408.695 - Statute of limitations.

Section 408.696 - Civil liability for violation, amount — disciplinary action against agency employee, when — good faith a valid defense, when — exclusive remedy.

Section 408.697 - Injunctive relief, allowed when.

Section 408.699 - Statute of limitations, tolled when.

Section 408.700 - Subpoena issued under authority of grand jury, records, use of.

Section 408.800 - Definitions.

Section 408.805 - Savings promotion program authorized, conditions.

Section 408.810 - Compliance with federal American Savings Promotion Act.

Section 408.815 - Programs not gambling, gaming, lottery, raffle, or sweepstake.