31-1-108. Penalty for usury -- action to recover excessive interest. (1) The taking, receiving, reserving, or charging a rate of interest greater than is allowed by 31-1-107 must be considered a forfeiture of a sum double the amount of interest that the note, bill, or other evidence of debt carries or that has been agreed to be paid on the note, bill, or other evidence of debt.
(2) When a greater rate of interest has been paid, the person by whom it has been paid or the person's heirs, assigns, executors, or administrators may recover from the person, firm, or corporation taking, receiving, reserving, or charging interest a sum double the amount of interest paid, provided that the action must be brought within 2 years after the payment of the interest, and provided that, before any suit may be brought to recover the usurious interest, the party bringing suit makes written demand for return of the interest paid.
History: En. Sec. 2, Ch. 36, L. 1913; re-en. Sec. 7727, R.C.M. 1921; re-en. Sec. 7727, R.C.M. 1935; R.C.M. 1947, 47-126; amd. Sec. 969, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 31. Credit Transactions and Relationships
Chapter 1. Credit Transactions
Part 1. Loans of Money -- Interest Rates
31-1-101. Loan of money -- what constitutes
31-1-102. Loan to be repaid in current money
31-1-103. Loan presumed to be on interest
31-1-107. Interest rate allowed by agreement
31-1-108. Penalty for usury -- action to recover excessive interest
31-1-109. When interest becomes part of principal
31-1-111. Definition of regulated lender
31-1-112. Interest rate limitation exemption -- regulated lenders -- merchant finance
31-1-113. Limitation of rule of 78ths
31-1-115. Issuing credit cards to minors -- collection of debt
31-1-116. Commercial loans -- when written agreement required