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KRS 360.020

Civil penalty for charging excessive interest -- Partial payment applied first to interest

Applied in 10 court decisions — leading case Commissioner of Internal Revenue v. C Bollinger (1988)

Most recently applied in Tyler v. DH Capital Management, Inc. (November 2013)

History: Amended 1972 Ky

How often courts cite this section

1949196019802000201310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) The taking, receiving, reserving, or charging a rate of interest greater than is allowed by KRS 360.010, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon. In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the creditors taking or receiving the same: provided, that such action is commenced within two (2) years from the time the usurious transaction occurred.

(2) Partial payment on a debt bearing interest shall be first applied to the interest then due.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.