10-1-7
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10-1-7.
(a)
A retail installment contract or a revolving account may provide for payment by
the buyer of a delinquency charge on any installment which is not paid within
ten days from the date the payment is due. The charge may not exceed $18.00. A
delinquent charge shall not be collected more than once for the same default. A
retail installment contract or a revolving account may provide for the payment
of reasonable attorneys´ fees, if referred for collection to an attorney
not a salaried employee of the retail seller, and for the payment of court
costs.
(b)
A retail installment contract or a revolving account may provide that if the
buyer submits to the retail seller as payment for an unpaid balance, or portion
thereof, in that account or pursuant to that contract, a check, draft, or order
for the payment of money on any bank or other depository, which check, draft, or
order is not honored by the drawee, then a delinquency charge as specified in
subsection (a) of this Code section may be charged; and a bad instrument fee not
to exceed the amount specified in subsection (j) of Code Section 16-9-20 and
Code Section 13-6-15 may be charged to the buyer and added to the unpaid balance
on the buyer´s account if ten days have elapsed since the retail seller has
mailed to the buyer at his or her last known address written notice of the
failure to honor the check, draft, or order without the check, draft, or order
having been made good. A fee authorized by this Code section shall not be deemed
to be time price differential, interest, or any other type of finance charge and
shall not be included in determining whether any limitations on time price
differential, interest, or other finance charges have been exceeded.