Indiana § 24-4.5-5-108 Unconscionability

Indiana Statutes

§ 24-4.5-5-108 — Unconscionability

Indiana § 24-4.5-5-108

Art. 4.5UNIFORM CONSUMER CREDIT CODE

Ch. 5Remedies and Penalties

This text of Indiana § 24-4.5-5-108 (Unconscionability) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 24-4.5-5-108 (2026).

Text

Unconscionability —

(1)With respect to a consumer credit sale, consumer lease, or consumer loan, if the court as a matter of law finds the agreement or any clause of the agreement to have been unconscionable at the time it was made the court may refuse to enforce the agreement, or it may enforce the remainder of the agreement without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2)If it is claimed or appears to the court that the agreement or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making the determination.

(3)For the purpose of this section, a charge or practice express

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Unconscionability — (1) With respect to
a consumer credit sale, consumer lease, or consumer loan, if the court
as a matter of law finds the agreement or any clause of the agreement
to have been unconscionable at the time it was made the court may
refuse to enforce the agreement, or it may enforce the remainder of the
agreement without the unconscionable clause, or it may so limit the
application of any unconscionable clause as to avoid any
unconscionable result.
(2) If it is claimed or appears to the court that the agreement or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose,
and effect to aid the court in making the determination.
(3) For the purpose of this section, a charge or practice expressly
permitted by this Article is not in itself unconscionable.
Formerly: Acts 1971, P.L.366, SEC.6.
(Part 2. Debtors' Remedies)