Georgia Statutes

§ 16-17-3 — Collection of indebtedness barred; civil action permitted by borrowers

Georgia § 16-17-3

This text of Georgia § 16-17-3 (Collection of indebtedness barred; civil action permitted by borrowers) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 16-17-3 (2026).

Text

Any person who violates subsection (a) or (b) of Code Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each unlawful transaction for three times the amount of any interest or other charges to the borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class of borrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys' fees.

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Related

Western Sky Financial, LLC v. State
793 S.E.2d 357 (Supreme Court of Georgia, 2016)
16 case citations
Parm v. National Bank of California, N.A.
242 F. Supp. 3d 1321 (N.D. Georgia, 2017)
8 case citations
Bankwest, Inc. v. Thurbert E. Baker
411 F.3d 1289 (Eleventh Circuit, 2005)
5 case citations
Flagg v. First Premier Bank
257 F. Supp. 3d 1351 (N.D. Georgia, 2017)
1 case citations
RUTH v. CHEROKEE FUNDING, LLC
304 Ga. 574 (Supreme Court of Georgia, 2018)
Steve Jhun v. Imagine Castle, LLC
(Court of Appeals of Georgia, 2021)

Legislative History

Added by 2004 Ga. Laws 440, § 3, eff. 5/1/2004.

Nearby Sections

15
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Cite This Page — Counsel Stack

Bluebook (online)
Georgia § 16-17-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/16-17-3.