§14A-2-210. Rebate upon prepayment.
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(1)Except as provided in subsection (2), upon prepayment in full of the unpaid balance of a precomputed consumer credit sale, refinancing, or consolidation, an amount not less than the unearned portion of the credit service charge calculated according to this section shall be rebated to the buyer. If the rebate otherwise required is less than One Dollar ($1.00), no rebate need be made.
(2)Upon prepayment in full of a consumer credit sale, refinancing, or consolidation, other than one pursuant to a revolving charge account, if the credit service charge then earned is less than any permitted minimum credit service charge (subsection
(6)of Section 2-201) contracted for, whether or not the sale, refinancing, or consolidation is precomputed, the seller may collect or retain the minimum charge, as if earned, not exceeding the credit service charge contracted for.
(3)Except as otherwise provided in this subsection with respect to a sale of an interest in land or a consumer credit sale secured by an interest in land, the unearned portion of the credit service charge
(a)in a consumer credit sale payable according to its
original terms in more than sixty-one
(61)months
shall be determined
(i)by applying, according to the
actuarial method, the disclosed annual percentage rate
to the actual unpaid balances of the amount financed
for the actual time that the unpaid balances were
outstanding as of the date of prepayment, giving
effect to each payment, to determine the earned
portion of the credit service charge, and
subtracting that earned portion from the credit
service charge to determine the unearned portion of
the credit service charge, or
(b)in a consumer credit sale payable according to its
original terms in sixty-one
(61)months or less, is a
fraction of the credit service charge of which the
numerator is the sum of the periodic balances
scheduled to follow the computational period in which
prepayment occurs, and the denominator is the sum of
all periodic balances under either the sale agreement
or, if the balance owing resulted from a refinancing
(Section 2-205) or a consolidation (Section 2-206),
under the refinancing agreement or consolidation
agreement. In the case of a sale of an interest in
land or a consumer credit sale secured by an interest
in land, reasonable sums actually paid or payable to
persons not related to the seller for customary
closing costs included in the credit service charge
are deducted from the credit service charge before the
calculation prescribed by this subsection is made.
(4)In this section:
(a)"periodic balance" means the amount scheduled to be
outstanding on the last day of a computational period
before deducting the payment, if any, scheduled to be
made on that day;
(b)"computational period" means one
(1)month if one-half
(1/2) or more of the intervals between scheduled
payments under the agreement is one
(1)month or more,
and otherwise means one
(1)week;
(c)the "interval" to the due date of the first scheduled
installment or the final scheduled payment date is
measured from the date of a sale, refinancing, or
consolidation, or any later date prescribed for
calculating maximum credit service charges (subsection
(4)of Section 2-201), and includes either the first
or last day of the interval; and
(d)if the interval to the due date of the first scheduled
installment does not exceed one
(1)month by more than
fifteen
(15)days when the computational period is one
(1)month, or eleven
(11)days when the computational
period is one
(1)week, the interval shall be
considered as one computational period.
(5)This subsection applies only if the schedule of payments is not regular.
(a)If the computational period is one
(1)month and
(i)if the number of days in the interval to the due
date of the first scheduled installment is less
than one
(1)month by more than five
(5)days, or
more than one
(1)month by more than five
(5)but
not more than fifteen
(15)days, the unearned
credit service charge shall be increased by an
adjustment for each day by which the interval is
less than one
(1)month and, at the option of the
seller, may be reduced by an adjustment for each
day by which the interval is more than one
month; the adjustment for each day shall be one-
thirtieth (1/30) of that part of the credit
service charge earned in the computational period
prior to the due date of the first scheduled
installment assuming that period to be one
month; and
(ii)if the interval to the final scheduled payment
date is a number of computational periods plus an
additional number of days less than a full month,
the additional number of days shall be considered
a computational period only if sixteen
(16)days
or more. This subparagraph applies whether or
not subparagraph
(i)applies.
(b)Notwithstanding paragraph (a), if the computational
period is one
(1)month, the number of days in the
interval to the due date of the first installment
exceeds one
(1)month by not more than fifteen
days, and the schedule of payments is otherwise
regular, the seller may, at his option, exclude the
extra days and the charge for the extra days in
computing the unearned credit service charge; but if
he does so and a rebate is required before the due
date of the first scheduled installment, he shall
compute the earned charge for each elapsed day as one-
thirtieth (1/30) of the amount the earned charge would
have been if the first interval had been one
month.
(c)If the computational period is one
(1)week and
(i)if the number of days in the interval to the due
date of the first scheduled installment is less
than five
(5)days, or more than nine
(9)but not
more than eleven
(11)days, the unearned credit
service charge shall be increased by an
adjustment for each day by which the interval is
less than seven
(7)days and, at the option of
the seller may be reduced by an adjustment for
each day by which the interval is more than seven
(7)days; the adjustment for each day shall be
one-seventh (1/7) of that part of the credit
service charge earned in the computational period
prior to the due date of the first scheduled
installment assuming that period to be one
week; and
(ii)if the interval to the final scheduled payment
date is a number of computational periods plus an
additional number of days less than a full week,
the additional number of days shall be considered
a computational period only if four
(4)days or
more. This subparagraph applies whether or not
subparagraph
(i)applies.
(6)If a deferral (Section 2-204) has been agreed to, the unearned portion of the credit service charge shall be computed without regard to the deferral. The amount of deferral charge earned at the date of prepayment shall also be calculated. If the deferral charge earned is less than the deferral charge paid, the difference shall be added to the unearned portion of the credit service charge. If any part of a deferral charge has been earned but has not been paid, that part shall be subtracted from the unearned portion of the credit service charge, or shall be added to the unpaid balance.
(7)This section does not preclude the collection or retention by the seller of delinquency charges (Section 2-203).
(8)If the maturity is accelerated for any reason and judgment is obtained, the buyer is entitled to the same rebate as if payment had been made on the date judgment is entered.
(9)Upon prepayment in full of a consumer credit sale by the proceeds of consumer credit insurance (Section 4-103), the buyer or his estate is entitled to the same rebate as though the buyer had prepaid the agreement on the date the proceeds of the insurance are paid to the seller.
Added by Laws 1969, c. 352, § 2-210, eff. July 1, 1969. Amended by Laws 1986, c. 282, § 1, eff. Nov. 1, 1986; Laws 1986, c. 282, § 1, eff. Nov. 1, 1986.