10-1-35
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10-1-35.
The
holder of a contract, upon request by the buyer, may extend the scheduled due
date of all or any part of any installment or installments or deferred payment
or payments or renew or restate the unpaid time balance of such contract, the
amount of the installments, and the time schedule therefor and may collect for
such extension, deferment, renewal, or restatement a refinance charge computed
as follows: In the event the unpaid time balance of the contract is extended,
deferred, renewed, or restated, the holder may compute the refinance charge on
such amount by adding to the unpaid time balance the cost for insurance and
other benefits incidental to the refinancing plus any accrued delinquency and
collection charges after deducting any refund which may be due the buyer at the
time of the renewal or restatement by prepayment pursuant to Code Section
10-1-34, at the rate of the finance charge specified in subsection (a) of Code
Section 10-1-33, and by reclassifying the motor vehicle by its then year model,
for the term of the refinancing agreement, but otherwise subject to the
provisions of this article governing computation of the original finance charge.
The provisions of this article relating to minimum finance charges under
subsection (b) of Code Section 10-1-33 and acquisition costs under the refund
schedule in Code Section 10-1-34 shall not apply in calculating refinance
charges on the contract extended, deferred, renewed, or restated. If all unpaid
installments are deferred for not more than two months, the holder may, at his
election, charge and collect for such deferment an amount equal to the
difference between the refund required for prepayment in full under Code Section
10-1-34 as of the scheduled due date of the first deferred installment and the
refund required for prepayment in full as of one month prior to said date times
the number of months in which no scheduled payment is made.