O.C.G.A.
O.C.G.A.

O.C.G.A. § 16-17-9 (2019)

Special provisions for borrowers who are members of the military or their respective spouses

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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 thirdparty 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.

(b) 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.

History

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

Notes of Decisions
Cited in 2 cases, 2004–2020 · leading case: Bankwest, Inc. v. Baker, 324 F. Supp. 2d 1333 (N.D. Ga. 2004).
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Bankwest, Inc. v. Baker, 324 F. Supp. 2d 1333 (N.D. Ga. 2004). · cites it 4× “O.C.G.A. § 16-17-9(a)(4) — (5). Payday lenders are also required to disclose these requirements to their military customers.”
Michael S. Smith v. Bobbie Chance Robinson (Ga. Ct. App. 2020). · cites it 2× “110 (g), 3 which provides that federal emergency disaster assistance is exempt from garnishment; and under the category “MILITARY” is listed OCGA § 16-17-9, a subsection of which prohibits payday lenders from garnishing the military wages of customers who are members of or who…”
— 16-17-9(a)(4) — 1 case
Bankwest, Inc. v. Baker, 324 F. Supp. 2d 1333 (N.D. Ga. 2004). “O.C.G.A. § 16-17-9(a)(4) — (5). Payday lenders are also required to disclose these requirements to their military customers.”
— 16-17-9(b) — 1 case
Bankwest, Inc. v. Baker, 324 F. Supp. 2d 1333 (N.D. Ga. 2004). “O.C.G.A. § 16-17-9(a)(4) — (5). Payday lenders are also required to disclose these requirements to their military customers.”
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