(1) With respect to a precomputed consumer credit transaction, the parties before or after default may agree in writing to a deferral of all or part of one or more unpaid installments, and the creditor may make and collect a charge not exceeding the rate previously stated to the consumer pursuant to the provisions on disclosure contained in section 5-3-101 applied to the amount or amounts deferred for the period of deferral calculated without regard to differences in the lengths of months, but proportionally for a part of a month, counting each day as one-thirtieth of a month. A deferral charge may be collected at the time it is assessed or at any time thereafter.
The creditor, in addition to the deferral charge, may make appropriate additionalcharges described in section 5-2-202, and the amount of these charges that is not paid in cash may be added to the amount deferred for the purpose of calculating the deferral charge.
The parties may agree in writing at the time of a precomputed consumer credit transaction that, if an installment is not paid within ten days after its due date, the creditor may unilaterally grant a deferral and make charges as provided in this section. No deferral charge may be made for a period after the date that the creditor elects to accelerate the maturity of the agreement.
A delinquency charge made by the creditor on an installment may not be retained if adeferral charge is made pursuant to this section with respect to the period of delinquency.
A deferral charge made according to this section is earned pro rata during the periodin which no installment is scheduled to be paid by reason of the deferral and is fully earned on the last day of that period.
Source: L. 2000: Entire article R&RE, p. 1200, § 1, effective July 1.
Editor's note: This section is similar to former § 5-2-204, as it existed prior to 2000.