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2018 Georgia Code 7-3-25 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 7-3-25 Case Law from Google Scholar Amendments to OCGA 7-3-25

TITLE 7 BANKING AND FINANCE

Section 3. Industrial Loans, 7-3-1 through 7-3-29.

ARTICLE 13 LICENSING OF MORTGAGE LENDERS AND MORTGAGE BROKERS

7-3-25. Suspension or revocation of license - Unreasonable collection tactics.

  1. Any license shall be subject to suspension or revocation, after notice and hearing as provided for in Code Section 7-3-24, in the event unreasonable collection tactics shall be willfully used by the licensee or any employee or agent thereof. Unreasonable collection tactics shall include, but not be limited to, any conduct by the licensee or any employee or agent thereof which:
    1. Causes the borrower or any member of his family to suffer bodily injury or physical harm;
    2. Constitutes a willful or intentional trespass by force of the borrower's home or his personal property without process of law;
    3. Holds up the borrower to public ridicule or unreasonably degrades him in the presence of his neighbors or business associates;
    4. Involves use of printed material which simulates or resembles a summons, warrant, or other legal process; or
    5. Although otherwise lawful, occurs at an unreasonable hour of the night. Attempts to make collections by means of personal visits, telephone calls, and the like shall be deemed to occur at an unreasonable hour of the night if they occur between the hours of 10:00 P.M. and 5:00 A.M.
  2. Any order or decision of the Commissioner on the matter of suspension or revocation shall be subject to review as provided for in Code Section 7-3-27.

(Ga. L. 1964, p. 288, § 6; Ga. L. 1989, p. 14, § 7; Ga. L. 1997, p. 143, § 7.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 51 Am. Jur. 2d, Licenses and Permits, § 56 et seq.

C.J.S.

- 47 C.J.S., Interest and Usury; Consumer Credit, §§ 424, 425.

ALR.

- Usury: expenses or charges incident to loan of money, 21 A.L.R. 797; 53 A.L.R. 743; 63 A.L.R. 823; 105 A.L.R. 795; 52 A.L.R.2d 703.

Usury: expenses or charges incident to loan of money, 52 A.L.R.2d 703.

Use of criminal process to collect debt as abuse of process, 27 A.L.R.3d 1202.

Unsolicited mailing, distribution, house call, or telephone call as invasion of privacy, 56 A.L.R.3d 457.

Liability of creditor for excessive attachment or garnishment, 56 A.L.R.3d 493.

Recovery by debtor, under tort of intentional or reckless infliction of emotional distress for damages resulting from debt collection methods, 87 A.L.R.3d 201.

Validity, construction, and application of state statutes prohibiting abusive or coercive debt collection practices, 87 A.L.R.3d 786.

Method employed in collecting debt due client as ground for disciplinary action against attorney, 93 A.L.R.3d 880.

Validity, construction, and application of state criminal statute forbidding use of telephone to annoy or harass, 95 A.L.R.3d 411.

What constitutes "debt" for purposes of Fair Debt Collection Practices Act (15 USCA § 1692a(5)), 159 A.L.R. Fed. 121.

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