§412:9-303 - Effect of excessive interest. - Hawaii Statutes

     §412:9-303  Effect of excessive interest.  If a greater rate of interest than that permitted under this article is contracted for in any loan under this article, the loan shall not, by reason thereof, be void.  But, if in any action on the loan, proof is made that a greater rate of interest than that permitted by law has been directly or indirectly contracted for, the financial services loan company shall only recover the amount actually received by the borrower in cash, credit or the equivalent thereof plus the charges, if any, which were properly charged to the borrower and which have not been deducted from the principal amount of the contract or otherwise paid by the borrower.  The borrower shall only recover costs.  If interest has been paid, judgment shall be for the recoverable amount less the amount of interest paid.  Sections 478-5 and 478-6 shall not apply to loans made under this article by financial services loan companies. [L 1993, c 350, pt of §1]