Special Provisions for Borrowers Who Are Members of the Military or Their Respective Spouses

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Payday Lending
  5. Special Provisions for Borrowers Who Are Members of the Military or Their Respective Spouses

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  1. In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following duties and obligations apply to any payday lender:
    1. The lender is prohibited from garnishment of any military wages or salaries;
    2. The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment;
    3. The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse;
    4. The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and
    5. The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses.
  2. If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender:
    1. A notice that the lender is prohibited from garnishment of any military wages or salaries;
    2. A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment;
    3. A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse;
    4. A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and
    5. A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses.

(Code 1981, §16-17-9, enacted by Ga. L. 2004, p. 60, § 3.)


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