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Kansas Fair Debt Collection Practices Act

Kansas Fair Debt Collection Statute

Chapter 16a.–Consumer Credit Code

Part 1 Limitations on Creditors’ Remedies

Article 5.–Remedies and Penalties

Kansas Fair Debt Collection Practices Act 16a-5-107. (UCCC) Extortionate extensions of credit. (1) If it is the understanding of the creditor and the consumer at the time an extension of credit is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person, the repayment of the extension of credit is unenforceable through civil judicial processes against the consumer.

(2) If it is shown that an extension of credit was made at an annual rate exceeding thirty-six percent (36%) calculated according to the actuarial method and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation, or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1).

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One comment

  1. My daughter is incarcerated and will be for a yr+. I rec’d a letter from an attorney who states that she wrote a check in August 2012 for $64 that was insufficient. She tried to renew her license and was told that ks had a hold on her license but couldn’t tell her what it was
    My question is how long is the statue of limitations in ks for this. She said that she wasn’t aware of the status of the check at the time or she would have taken care of it. The total fees are $224. Will this still be on the books when she gets out in a yr or so?

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