Title 28, COMMERCIAL TRANSACTIONS

28-45-101. Short title. This chapter shall be known and may be cited as Idaho Credit Code — Remedies and Penalties.

28-45-102. Scope. This part applies to actions or other proceedings to enforce rights arising from regulated consumer credit transactions, to extortionate extensions of credit, section 28-45-109, Idaho Code, and to unconscionability, section 28-45-106, Idaho Code.

28-45-103. Restrictions on deficiency judgments. (1) This section applies to a regulated consumer credit sale of goods or services. (2) If the seller repossesses or voluntarily accepts surrender of goods which were the subject of the sale and in which he has a security interest a…

28-45-104. Limitation on garnishment. (1) For the purposes of this part: (a) "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld; and (b) "Garnishment" means any legal o…

28-45-105. No discharge from employment for garnishment. No employer shall discharge an employee for the reason that a creditor of the employee has subjected or attempted to subject unpaid earnings of the employee to garnishment or like proceedings directed to the employer for th…

28-45-106. Unconscionability. (1) With respect to a regulated consumer credit sale, or regulated consumer loan, if the court as a matter of law finds the agreement or any clause of the agreement to have been unconscionable at the time it was made the court may refuse to enforce t…

28-45-107. Default. An agreement of the parties to a regulated consumer credit transaction with respect to default on the part of the debtor is enforceable only to the extent that: (1) The debtor fails to make a payment as required by agreement; or (2) The prospect of payment, pe…

28-45-108. Creditor’s right to take possession after default. Upon default by a debtor with respect to a regulated consumer credit transaction, unless the debtor voluntarily surrenders possession of the collateral to the creditor, the creditor may take possession of the collatera…

28-45-109. Extortionate extensions of credit. If it is the understanding of the creditor and the debtor at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm…

28-45-110. RESTRICTION ON ACTIONS ARISING FROM A REGULATED CREDIT TRANSACTION PRIMARILY SECURED BY A MORTGAGE OR DEED OF TRUST ON residential REAL PROPERTY. (1) The provisions of this section shall apply to a regulated credit transaction made on or after July 1, 2022, that is sec…

28-45-201. Effect of violations on rights of parties. (1) If a creditor has violated any provision of this act applying to collection of an excess charge or amount or enforcement of rights, subsection (4) of section 28-41-201, Idaho Code, authority to make regulated consumer loan…

28-45-202. Damages or penalties as setoff to obligation. Damages or penalties to which a debtor is entitled pursuant to this part may be set off against the debtor’s obligation, and may be raised as a defense to an action on the obligation without regard to the time limitations p…

28-45-203. Civil liability for violation of disclosure provisions. (1) Except as otherwise provided in this section, a creditor who, in violation of the provisions of the Federal Consumer Credit Protection Act other than the provisions concerning advertising of credit terms, fail…

28-45-301. Limitation on default charges. Except for reasonable expenses incurred in realizing on a security interest, the agreement with respect to a regulated consumer credit transaction may not provide for any charges as a result of default by the debtor except those authorize…

28-45-302. Assignee subject to claims and defenses. (1) With respect to a regulated consumer credit sale, an assignee of the rights of the seller is subject to all claims and defenses of the debtor against the seller arising from the sale of property or services, notwithstanding …

28-45-401. Willful and knowing violations. (1) A regulated lender who willfully and knowingly makes charges in excess of those permitted by the chapter on finance charges and related provisions, chapter 42, title 28, Idaho Code, applying to regulated consumer loans is guilty of a…

28-45-402. Disclosure violations. (1) A person is guilty of a misdemeanor and upon conviction may be sentenced to pay a fine not exceeding five thousand dollars ($5,000), or to imprisonment not exceeding one (1) year, or both, if he willfully and knowingly: (a) Gives false or ina…