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2018 Georgia Code 16-17-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 16-17-3 Case Law from Google Scholar Amendments to OCGA 16-17-3

TITLE 16 CRIMES AND OFFENSES

Section 17. Payday Lending, 16-17-1 through 16-17-10.

ARTICLE 5 SANCTIONS AGAINST LICENSED PERSONS FOR OFFENSES INVOLVING CONTROLLED SUBSTANCES OR MARIJUANA

16-17-3. Collection of indebtedness barred; civil action permitted by borrowers.

Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys' fees.

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

JUDICIAL DECISIONS

Interstate commerce.

- Georgia Supreme Court concludes that the Payday Lending Act, O.C.G.A. § 16-17-1(d), including the statement that payday lending does not encompass loans that involve interstate commerce, is merely a legislative finding of fact to which the Court is not bound; to exempt loans that involve interstate commerce from the prohibitions of the Act would create such a contradiction and absurdity as to demonstrate that the Georgia legislature did not mean it to create such a limitation. W. Sky Fin., LLC v. State of Ga. ex rel. Olens, 300 Ga. 340, 793 S.E.2d 357 (2016).

Limitations period.

- Supreme Court of Georgia is not persuaded that the Georgia legislature intended the period of limitation for bringing an enforcement action pursuant to the Payday Lending Act, O.C.G.A. § 16-17-1, et seq., to be governed by the one-year limitation period for forfeiture actions pursuant to the usury laws; instead, the Court concludes the remedies set forth in the Payday Lending Act are governed by the 20-year statute of limitation set forth in O.C.G.A. § 9-3-1. W. Sky Fin., LLC v. State of Ga. ex rel. Olens, 300 Ga. 340, 793 S.E.2d 357 (2016).

Cases Citing Georgia Code 16-17-3 From Courtlistener.com

Total Results: 4

Ruth v. Cherokee Funding, LLC

Court: Supreme Court of Georgia | Date Filed: 2018-10-22

Citation: 820 S.E.2d 704, 304 Ga. 574

Snippet: person shall be null and void." Similarly, OCGA § 16-17-3 provides that any person who violates relevant

Western Sky Financial, LLC v. State

Court: Supreme Court of Georgia | Date Filed: 2016-10-31

Citation: 300 Ga. 340, 793 S.E.2d 357, 2016 Ga. LEXIS 783

Snippet: as contemplating such relief. Pursuant to OCGA§ 16-17-3, any person who violates OCGA § 16-17-2 (a) or

Bryant v. State

Court: Supreme Court of Georgia | Date Filed: 2002-02-25

Citation: 560 S.E.2d 23, 274 Ga. 798, 2002 Fulton County D. Rep. 603, 2002 Ga. LEXIS 89

Snippet: testing was not needed. See Ware v. State, 273 Ga. 16, 17(3), 537 S.E.2d 657 (2000). Therefore, he failed

McDaniel v. Thomas

Court: Supreme Court of Georgia | Date Filed: 1981-11-24

Citation: 285 S.E.2d 156, 248 Ga. 632

Snippet: Antonio School District v. Rodriguez, supra at 16-17.” 3) APEG “creates great disparity in the expenditures