§ 405. — 405. (Amended by Stats. 2018, Ch. 555, Sec. 7.)

California § 405.

• Jurisdiction: California
• Code MVC: Military and Veterans Code - MVC
• Div. 2.: DIVISION 2. THE MILITARY FORCES OF THE STATE
• Part 1.: PART 1. THE STATE MILITIA
• Ch. 7.5.: CHAPTER 7.5. Protections

Text

(a)
No obligation or liability bearing interest at a rate in excess of 6 percent per year incurred by a service member before that person’s current period of military service shall, except as provided in subdivision (b), bear interest at a rate in excess of 6 percent per year as follows:
(1)
For an obligation or liability consisting of a mortgage, trust deed, or other security in the nature of a mortgage, or any student loan, during any part of the period of military service and one year thereafter.
(2)
For any other obligation or liability, during any part of the period of military service and 120 days thereafter.
(b)
Notwithstanding subdivision (a), if in the opinion of a court, upon application thereto by the obligee, the ability of the service member to pay interest upon an obligation or liability at a rate in excess of 6 percent per year is not materially affected by reason of that service, the court may make that order as in its opinion may be just.
(c)
As used in this section, “interest” includes service charges, renewal charges, fees, or any other charges, except bona fide insurance, in respect of any obligation or liability.
(d)
Interest at a rate in excess of 6 percent per year that would otherwise be incurred but for the prohibition in this section is forgiven. The amount of any periodic payment due from a service member
shall be reduced by the amount of the interest forgiven under this section that is allocable to the period for which the payment is made.
(e)
Any person violating this section shall be liable for actual damages, reasonable attorney’s fees, and costs incurred by the injured party.

Legislative History

Amended by Stats. 2018, Ch. 555, Sec. 7. (AB 3212) Effective January 1, 2019.