DO CRIMINAL ACTION REPRESENT A LEGAL ACTION THAT NEEDS TO BE BY that is PRECEDED a TO CURE NOTICE?
Study in conjunction along with other appropriate provisions, plus in the light of applicable maxims of statutory construction,54 the indications are that the $15 NSF cost given to had been designed to function as the exclusive penalty available for default for a check loan, though inartfully drafted.
ICCC and UCC conditions regarding NSF charges: As noted in Section II, above, payday loans for consumer purposes are at the mercy of the ICCC except to your degree particularly displaced by the conditions of Chapter 533D, including the maximum finance cost conditions. The ICCC prohibits the imposition of “any fees in connection with default” except together with
May 1, 1995, the legislature enacted 95 functions, ch. 137. Part 2 of the Act amended Article 3 associated with Uniform Commercial Code (Chapter 554), the law that is general checks, to allow NSF surcharges of $20 – $50 in a few circumstances. 61 part 3 of 95 functions, ch. 137 also amended Article 3 associated with UCC, to authorize a stiff treble damages civil fix for dishonor. 62 nevertheless, Section 1 of 95 functions, ch. 137 shows that the legislature would not genuinely believe that Sections 2 and parts 3 would use as being a basic matter to ICCC deals. 63 (in reality, casual Advisories using this office interpreting the predecessor UCC legislation authorizing NSF fees had interpreted it