422.204 Deferral charges.

334 words·~2 min read·/wi/chapter-422/422-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)With respect to a precomputed consumer credit transaction, the parties may at any time agree in writing to a deferral of all or part of one or more unpaid installments, and the creditor may make and collect a charge but:

(a)With respect to a precomputed transaction which is scheduled to be repaid in substantially equal successive installments at approximately equal intervals, if the deferral is made as of an installment due date and the payment dates for all wholly unpaid installments are deferred for one or more full installment periods and the maturity is extended for a corresponding period, the deferral charge shall not exceed the portion of the precomputed finance charge attributable to the final installment of the original schedule of payments multiplied by the total number of installments to be deferred and by the number of full installment periods in the deferment period; or

(b)If the deferral is not made pursuant to par.

(a)the deferral charge shall not exceed the rate previously disclosed to the customer pursuant to the provisions on disclosure in subch. III , applied to the amount or amounts deferred for the period of deferral calculated without regard to differences in the lengths of months, but proportionally for a part of a month, counting each day as one-thirtieth of a month.

(2)A deferral charge may be collected at the time it is assessed or at any time thereafter.

(3)The deferment period is that period of time in which no payment is required or made by reason of the deferral.

(4)Any payment received at the time of the deferment may be applied first to the deferral charge and the remainder, if any, to the unpaid balance of the transaction, but if such payment is sufficient to pay, in addition to the appropriate delinquency charge, any installment which is in default, it shall be first so applied, and such installment shall not then be deferred or subject to the deferral charge.