Tennessee § 47-14-115 Usury or excess charges - Equitable remedies

Tennessee Statutes

§ 47-14-115 — Usury or excess charges - Equitable remedies

(a)The chancery court has jurisdiction, concurrent with courts of law, for the abatement and recovery of usury or excess loan charges.

(b)No person shall be entitled to an equitable remedy with respect to usury or excess loan charges unless the person seeking such remedy does equity by paying, or tendering into court, the principal plus lawful interest and loan charges then due; provided, that any contract may be reformed by suit brought in equity with respect to any regulated loan charges, brokerage commissions, or commitment fees in excess of those authorized by law upon cost bond or, in appropriate cases, on pauper's oath.

(c)Where successful in the reformation of the instrument, the complaining party shall be awarded reasonable attorneys' fees.

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(a) The chancery court has jurisdiction, concurrent with courts of law, for the abatement and recovery of usury or excess loan charges. (b) No person shall be entitled to an equitable remedy with respect to usury or excess loan charges unless the person seeking such remedy does equity by paying, or tendering into court, the principal plus lawful interest and loan charges then due; provided, that any contract may be reformed by suit brought in equity with respect to any regulated loan charges, brokerage commissions, or commitment fees in excess of those authorized by law upon cost bond or, in appropriate cases, on pauper's oath. (c) Where successful in the reformation of the instrument, the complaining party shall be awarded reasonable attorneys' fees.

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