38-40-104. Cause of action - attorney fees.

Statute text

(1) If any applicant or debtor is aggrieved by a violation of section 38-40-102, 38-40-103, or 38-40-103.5 and the violation is not remedied in a reasonable, timely, and good faith manner by the party obligated to do so, and after a good faith effort to resolve the dispute is made by the debtor or borrower, the debtor or borrower may bring an action in a court of competent jurisdiction for any such violation. If the court finds that actual damages have occurred, the court shall award to the debtor or borrower, in addition to actual damages, the amount of one thousand dollars, together with costs and reasonable attorney fees.

(2) A transferee from a lender is not liable for any act or omission of the lender under section 38-40-102. A transferee of servicing or collection rights is not liable for any act or omission of the transferor of those rights under section 38-40-103 or 38-40-103.5.

History

Source: L. 90: Entire article R&RE, p. 1681, 4, effective October 1. L. 98: Entire section amended, p. 427, 1, effective April 21. L. 2013: Entire section amended, (HB 13-1017), ch. 36, p. 104, 2, effective March 15.

Annotations

Editor's note: This section is similar to former 38-38-114, as it existed prior to 1990.