17:16C-42 - Delinquency or collection charge for default; attorney's fees; return check fee - New Jersey Statutes

17:16C-42.   Delinquency or collection charge for default; attorney's fees; return check fee      42.  (a) The holder of any retail installment contract may collect a delinquency or collection charge for default in the payment of any such contract or any installment thereof, if provided for in the contract when such default shall have continued for a period of 10 days, such charge not to exceed $10.  Such charge may be collected by the holder of the retail installment contract or charged to the buyer's retail installment contract account.  If charged to the buyer's retail installment contract account, such charge shall be made within 35 days from the date of such default and then a written notification that such charge has been made shall be mailed to the retail buyer within 5 days from the date when such charge was made. 

   (b)  The holder of any retail charge account may collect a delinquency or collection charge in an amount not to exceed $10, if provided for in the retail charge account agreement, on any minimum payment which has not been paid in full for a period of 10 days after its due date, as originally scheduled. 

   (c)  A delinquency or collection charge under this section may be collected only once on each minimum payment due however long it remains in default.  A delinquency charge may be collected at the time it accrues or at any time afterward. 

   (d)  The retail installment contract or retail charge account may provide for the payment of attorney's fees not exceeding 20% of the first $500.00 and 10% on any excess of the amount due and payable under such contract or account when referred to an attorney, not a salaried employee of the holder of the contract or account, for collection. 

   (e)  The retail installment contract or retail charge account may provide for a return check fee not to exceed $20 which the holder of the contract may charge the buyer if a check of the buyer is returned to the holder uncollected due to insufficient funds in the buyer's account. 

   L.1960,c.40,s.42; amended 1971,c.409,s.13; 1995,c.43; 1995,c.53,s.9.