Kansas § 16a-2-507 (UCCC) Recovery of collection costs and attorney fees

Kansas Statutes

§ 16a-2-507 — (UCCC) Recovery of collection costs and attorney fees

Kansas·Ch. 16a CONSUMER CREDIT CODE·Art. 2 FINANCE CHARGES AND RELATED PROVISIONS

(1)(a) With respect to a consumer credit transaction, the agreement may provide for the payment by the debtor of reasonable costs of collection paid to outside parties, including, but not limited to, court costs, attorney fees and collection agency fees, except that such costs of collection shall not:

(A)Include costs that were incurred by a salaried employee of the creditor or its assignee;

(B)include the recovery of both attorney fees and collection agency fees; or

(C)be in excess of 15% of the unpaid debt after default.

(2)A provision in violation of this subsection shall be unenforceable.

(b)Reasonable collection costs and attorney fees pursuant to subsection (a) shall be considered separate from reasonable expenses incurred on realizing a security interest pursuant to K.S.A. 16a

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(1) (a) With respect to a consumer credit transaction, the agreement may provide for the payment by the debtor of reasonable costs of collection paid to outside parties, including, but not limited to, court costs, attorney fees and collection agency fees, except that such costs of collection shall not:
(A) Include costs that were incurred by a salaried employee of the creditor or its assignee;
(B) include the recovery of both attorney fees and collection agency fees; or
(C) be in excess of 15% of the unpaid debt after default.
(2) A provision in violation of this subsection shall be unenforceable.
(b) Reasonable collection costs and attorney fees pursuant to subsection (a) shall be considered separate from reasonable expenses incurred on realizing a security interest pursuant to K.S.A. 16a-3-402, and amendments thereto.

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