TITLE 10 COMMERCE AND TRADE

Section 1. Selling and Other Trade Practices, 10-1-1 through 10-1-915.

ARTICLE 1 RETAIL INSTALLMENT AND HOME SOLICITATION SALES

10-1-7. Providing for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees.

1. 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 $25.00. 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.
2. 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.

(Ga. L. 1967, p. 659, § 7; Ga. L. 1983, p. 1430, § 1; Ga. L. 1986, p. 207, § 1; Ga. L. 1991, p. 913, § 1; Ga. L. 1991, p. 1299, § 1; Ga. L. 1995, p. 346, § 1; Ga. L. 2000, p. 1352, § 2; Ga. L. 2001, p. 782, § 1; Ga. L. 2003, p. 809, § 1; Ga. L. 2007, p. 597, § 1/HB 240.)