(1) A defendant sued for money may avoid the excess over lawful interest by pleading usury, setting forth the amount of such excess.
(2) In order to sustain a defense of usury, the burden is on the party claiming usury.
Tenn. Code Ann. § 47-14-110
Usury as a defense
Applied in 2 court decisions — leading case Hathaway v. First Family Financial Services, Inc. (1999)
Most recently applied in Hathaway v. First Family Financial Services, Inc. (August 1999)
Acts 1979, ch. 203, § 9.
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.