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Tex. Fin. Code § 349.002

LIABILITY FOR CHARGES EXCEEDING TWICE AMOUNT AUTHORIZED

Applied in 1 court decision — leading case Cavazos v. Mid-State Trust II (In Re Hillsborough Holdings Corp.) (2001)

Most recently applied in Cavazos v. Mid-State Trust II (In Re Hillsborough Holdings Corp.) (September 2001)

Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff

(a) A person who violates this subtitle by contracting for, charging, or receiving interest or time price differential that in an aggregate amount exceeds twice the total amount of interest or time price differential authorized by this subtitle is liable to the obligor as an additional penalty for all principal or principal balance, as well as all interest or time price differential.

(b) A person who is liable under Subsection (a) is also liable for reasonable attorney's fees incurred by the obligor in enforcing this section.

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