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Cal. Mil. & Vet. Code § 405

Protections

Showing this section's text as in effect on January 1, 2011 (in force January 1, 2011 – January 1, 2013). View current text →

(a) No obligation or liability bearing interest at a rate in excess of 6 percent per year incurred by a service member before that person’s entry into service shall, during any part of the period of military service, bear interest at a rate in excess of 6 percent per year unless, in the opinion of the court, upon application thereto by the obligee, the ability of the service member to pay interest upon that obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of that service, in which case the court may make that order as in its opinion may be just. As used in this section, “interest” includes service charges, renewal charges, fees, or any other charges, except bona fide insurance, in respect of any obligation or liability.

(b) Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.