Georgia Commons

Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 17. PAYDAY LENDING

16-17-3. Collection of indebtedness barred; civil action permitted by borrowers.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys’ fees.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-17-3, enacted by Ga. L. 2004, p. 60, § 3.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch12-17-(v14b)-2024-pdf.pdf, Volume V14B, 2024 edition, page 805; merge action: carried; file SHA-256 36dbab616896.

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