TITLE XXXIII-A
RETAIL INSTALLMENT SALES

Chapter 361-C
ATTORNEY'S FEES IN CONSUMER CASES

Section 361-C:1

    361-C:1 Definitions. –
In this chapter, "retail installment contract or evidence of indebtedness" means any contract or evidence of indebtedness arising out of:
I. A retail installment sale in which the goods purchased are used primarily for personal, household or family purposes; or
II. A loan or extension of credit payable in installments, or for which a finance charge is or may be imposed, in which the proceeds of the loan or extension of credit are used primarily for personal, household or family purposes.

Source. 1975, 123:1, eff. July 5, 1975.

Section 361-C:2

    361-C:2 Attorney's Fees for Consumer. –
If a retail installment contract or evidence of indebtedness provides for attorney's fees to be awarded to the retail seller, lender or creditor in any action, suit or proceeding against the retail buyer, borrower or debtor involving the sale, loan or extension of credit, such contract or evidence of indebtedness shall also provide that:
I. Reasonable attorney's fees shall be awarded to the buyer, borrower or debtor if he prevails in
(a) Any action, suit or proceeding brought by the retail seller, lender or creditor; or
(b) An action brought by the buyer, borrower or debtor; and
II. If a buyer, borrower or debtor successfully asserts a partial defense or set-off, recoupment or counterclaim to an action brought by the retail seller, lender or creditor, the court may withhold from the retail seller, lender or creditor the entire amount or such portion of the attorney fees as the court considers equitable.

Source. 1975, 123:1, eff. July 5, 1975.

Section 361-C:3

    361-C:3 Waiver Prohibited. – No contract or evidence of indebtedness shall contain any provision whereby the buyer, borrower or debtor waives any of his rights under this chapter, and any such waiver shall be deemed against public policy and shall be unenforceable and void.

Source. 1975, 123:1, eff. July 5, 1975.

Section 361-C:4

    361-C:4 Prospective Effect. – This chapter shall not apply to any contract or agreement entered into prior to July 5, 1975.

Source. 1975, 123:1, eff. July 5, 1975.