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Tex. Fin. Code § 305.003

LIABILITY FOR USURIOUS LEGAL INTEREST

Applied in 2 court decisions — leading case Walker & Associates Surveying, Inc. v. Roberts (2010)

Most recently applied in Walker & Associates Surveying, Inc. v. Roberts (February 2010)

Amended by Acts 1999, 76th Leg., ch. 62, Sec. 7.18(a), eff

(a) A creditor who charges or receives legal interest that is greater than the amount authorized by this subtitle is liable to the obligor for an amount that is equal to the greater of:

(1) three times the amount computed by subtracting the amount of legal interest allowed by law from the total amount of interest charged or received; or

(2) $2,000 or 20 percent of the amount of the principal, whichever is less.

(b) This section applies only to a transaction subject to this subtitle.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.