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The Vermont Statutes Online
Title
09
:
Commerce and Trade
Chapter
004
:
INTEREST
Subchapter
001
:
INTEREST GENERALLY
§
50. Penalties
(a) When a
greater rate of interest than is allowed by law is paid, the person paying it
may recover the amount so paid above the legal interest, with interest thereon
from the time of payment and all expenses of collection, including reasonable
attorney's fees, in a civil action on this statute.
(b) Except as
otherwise expressly authorized by law, a lender shall not knowingly or
willfully make any contract, express or implied, which directly or indirectly
calls for the payment of any interest or finance charge in excess of the legal
rate as set forth in section 41a of this title. The section shall be
enforceable only to the extent herein provided and the lender shall have no
right to collect any interest or charges whatsoever and shall have a right to
collect only one-half of the principal.
(c) Any person,
partnership, association, or corporation and the several members, officers,
directors, agents, and employees thereof, who knowingly or willfully contracts
for or collects any sum in excess of legal interest for the loan, use, or
forbearance of money, unless expressly authorized by law to do so, shall, for
the first offense, be fined not more than $500.00 or imprisoned for not more
than six months, or both. Upon conviction for violating this section in any
transaction entered into or consummated after a first conviction hereunder, the
offender shall be fined not more than $1,000.00 or imprisoned for not more than
one year, or both. (Added 1967, No. 377 (Adj. Sess.), eff. March 26, 1968; amended
1979, No. 173 (Adj. Sess.), § 14, eff. April 30, 1980.)