Kan. Stat. § 9-NEW

Current through 2024 Session Acts Chapter 111
Section 9-NEW - [Newly enacted section not yet numbered] [Effective 1/1/2025] [Late fee]
(a) The parties to a covered transaction may contract for a late fee on any installment not paid in full within 10 calendar days after its scheduled or deferred due date in an amount not to exceed 5% of the unpaid amount of the installment or $25, whichever is less.
(b) As an alternative to the late fee set forth in subsection (a), the parties to a covered transaction may contract for a late fee not to exceed $10 on any installment not paid in full within 10 calendar days after its scheduled or deferred due date, except that if the scheduled payment amount is $25 or less, the maximum late fee shall be $5.
(c) A late fee may be assessed only once on an installment regardless of the length of time such installment remains in default. A late fee may be collected at the time it is assessed or at any time thereafter.
(d) No late fee may be assessed when such a fee or charge is attributable solely to the failure of the consumer to pay a late fee on an earlier installment and the payment is otherwise a periodic payment received on the due date or within 10 calendar days after its scheduled or deferred installment due date.
(e) This section shall be a part of and supplemental to the Kansas mortgage business act.

K.S.A. 9-NEW

Added by L. 2024, ch. 6,§ 10, eff. 1/1/2025.