(1) In addition to the continuation of the sales finance charge or loan finance charge on a delinquent installment with respect to a nonprecomputed consumer credit sale or consumer loan, refinancing or consolidation, repayable in installments, the parties may contract for a delinquency charge on any installment not paid in full within ten days after its scheduled due date of five percent of the unpaid amount of the installment, not to exceed $30.
(2) A delinquency charge under subsection (1) of this section may be collected only once on an installment however long it remains in default. A delinquency charge may be collected at the time it accrues or at any time thereafter.
(3) No delinquency charge may be collected on an installment which is paid in full within ten days after its scheduled or deferred installment due date, even though a delinquency or deferral charge on an earlier installment may not have been paid in full.
Structure West Virginia Code
Chapter 46A. West Virginia Consumer Credit and Protection Act
Article 3. Finance Charges and Related Provisions
§46A-3-101. Finance Charges Generally
§46A-3-102. Sales Finance Charge for Certain Consumer Credit Sales of Real Estate
§46A-3-106. Loan Finance Charge for Revolving Loan Accounts
§46A-3-107. Sales Finance Charges and Loan Finance Charges on Refinancing
§46A-3-108. Sales Finance Charges and Loan Finance Charges on Consolidation
§46A-3-109a. Collateral Protection Insurance
§46A-3-112. Delinquency Charges on Precomputed Consumer Credit Sales or Consumer Loans
§46A-3-114. Deferral and Modification Charges
§46A-3-115. Advances to Perform Covenants of Consumer
§46A-3-116. Change in Terms of Revolving Charge Accounts or Revolving Loan Accounts