§ 47-14-10 — Civil liability for usury - Forfeiture of interest

North Dakota § 47-14-10

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-14: Loans of Money

Text

The taking, receiving, reserving, or charging of a rate of interest greater than is allowed by
the laws of this state relative to usury shall be deemed a forfeiture of the entire interest which
the note, bill, or other evidence of debt carries with it or which has been agreed to be paid
thereon, and in addition thereto, a forfeiture of twenty-five percent of the principal thereof. In
case the greater rate of interest has been paid, the person by whom it has been paid, or that
person's legal representative may:
1. Recover back twice the amount of interest thus paid, together with twenty-five percent
of the principal from the person taking or receiving the same, but an action must be
commenced for such purpose within four years after the time when the usurious
transaction occurred; or
2. Offset twice the amount of such interest against any indebtedness which the person
who paid the same owes to the party or parties receiving such usurious interest.