§ 408.010 Silver a legal tender
§ 408.015 Definitions
§ 408.020 When no rate of interest is agreed upon, nine percent allowed as legal ..
§ 408.030 Interest, maximum rate allowed — penalty for overcharge, limitation on …
§ 408.031 Fee in lieu of interest may be charged on loan — exception.
§ 408.032 Recording fees
§ 408.035 Unlimited interest, when allowed
§ 408.036 Prepayment penalty by lender prohibited, exception — maximum permitted, …
§ 408.040 Interest on judgments, how regulated — prejudgment interest allowed when, …
§ 408.050 Excess interest paid recoverable with costs and attorney fee
§ 408.052 Points prohibited, exception — penalties for illegal points — violation a …
§ 408.060 Defendant may plead usury — judgment, how rendered — corporations cannot …
§ 408.070 Usurious interest — security agreement invalid.
§ 408.080 Interest may be paid on interest — compounding limited to once a month — …
§ 408.081 Validity of certain existing contract not to be affected, when
§ 408.083 Credit contracts, prepayment before maturity, computation of interest
§ 408.090 Demand loans where only securities are pledged not subject to usury laws
§ 408.092 Attorney fees, enforcement of credit agreements, limitations
§ 408.095 Charging interest of more than two percent per month a misdemeanor, exceptions
§ 408.096 Loan arrangement, excess fee prohibited for certain transactions — penalty.
§ 408.100 Applicability of section — rate of interest.
§ 408.105 Precomputed loans, extensions, fee, limitations
§ 408.110 Short title — applicability of sections 408.120 to 408.190.
§ 408.120 Interest computed and paid, how
§ 408.130 Borrower to receive statement of contract — contents — prepayment effect — …
§ 408.140 Additional charges or fees prohibited, exceptions — no finance charges if …
§ 408.145 Fees for credit cards issued in contiguous states
§ 408.150 Lender can not receive excess interest — failure by lender to return excess …
§ 408.160 False advertising prohibited
§ 408.170 Contracts paid in full before due date — recomputations of interest — …
§ 408.175 Interest rate when maturity of note or contract accelerated
§ 408.178 Deferral of monthly loan payments, fee authorized for certain loans
§ 408.180 Authority of director to verify interest rates charged
§ 408.190 Certain loans exempt from sections 408.120 to 408.180, and 408.200
§ 408.193 Credit cards, no derogatory reports to credit agencies for carrying a zero ..
§ 408.200 Borrower not to be indebted on two or more contracts with same lender, when
§ 408.210 Assignment of wages or compensation — excess over loan deemed interest.
§ 408.213 Changes to certain sections remedial only
§ 408.231 Definitions
§ 408.232 Rates and terms
§ 408.233 Additional charges authorized
§ 408.234 Minimum amount of loan — collateral — prepayment rights, method of computation.
§ 408.235 Director may examine certain lenders
§ 408.236 Recovery of interest barred, when, exceptions — actions taken or omitted in …
§ 408.237 Applicability of sections 408.231 to 408.241
§ 408.240 Penalties — actions taken or omitted in reliance on written interpretation …
§ 408.241 Prepayment fee, second mortgage loans, allowed when
§ 408.250 Definitions
§ 408.260 Time contract, how executed — required contents — additional notes to cut …
§ 408.270 Retail time contracts negotiated by mail — delivery unnecessary — notice of …
§ 408.280 Insurance purchased to secure retail time contract, regulation
§ 408.290 Retail charge agreement — form — delivery to buyer — contents.
§ 408.300 Time charges, amount authorized on retail time contracts — retail charge …
§ 408.310 Assignments of retail time contracts and charge agreements — notice to …
§ 408.320 Buyer may pay retail time contract debt before maturity — refund of charges.
§ 408.330 Delinquency and collection charges permitted — insurance premium in lieu of …
§ 408.340 Applicability to prior transactions
§ 408.350 Waiver of provisions void
§ 408.360 Citation of law
§ 408.365 Acceleration clauses, repossession or confession of judgment by power of ..
§ 408.370 Violation, penalty — effect on time and other charges — correction.
§ 408.375 Retail installment agreement, deemed signed or accepted, when
§ 408.380 Sale of certain financial products and plans associated with certain loan ..
§ 408.400 Definitions
§ 408.405 Defenses or setoffs arising from transaction good against holder of ..
§ 408.410 Exempt transactions
§ 408.415 Chapter 400 is modified by provisions of sections 408.400 to 408.415
§ 408.455 Variable rate agreements subject to certain provisions
§ 408.500 Unsecured loans of five hundred dollars or less, licensure of lenders, ..
§ 408.505 Term of loans, charges permitted, repayment, return check charge
§ 408.506 Report to the general assembly, contents
§ 408.510 Licensure of consumer installment lenders — interest and fees allowed.
§ 408.512 Loans by traditional installment loan lenders
§ 408.550 Discrimination prohibited — damages recoverable.
§ 408.551 Applicability of sections 408.551 to 408.562 — credit transaction defined.
§ 408.552 Enforceability of default provisions
§ 408.553 Recovery limitation
§ 408.554 Notice of default, contents, form, delivery
§ 408.555 Acceleration, repossession and cancellation restricted — required …
§ 408.556 Actions arising from default, contents of petition — default judgment …
§ 408.557 Notice required before deficiency action may be commenced
§ 408.558 Security interests not to be taken, when
§ 408.560 Unenforceable provisions in note or credit contract
§ 408.562 Damages recoverable for violation
§ 408.570 Definitions
§ 408.575 Denial of loans prohibited, when, reasons for
§ 408.580 Applications to be accepted — written reasons for rejection required — …
§ 408.585 Limitation on requirements of sections 408.570 to 408.600
§ 408.590 Division directors, report to governor and department director, contents
§ 408.595 Financial institutions to make other annual report, contents
§ 408.600 Division directors to enforce provisions of sections 408.570 to 408.600 — …
§ 408.675 Citation of law — definitions.
§ 408.677 Government access to records, when — requirements.
§ 408.680 Financial institution may not disclose, exceptions, requirements
§ 408.682 Customer authorization, requirements
§ 408.683 Subpoena, government may obtain records with, when — procedure — notice …
§ 408.685 Delay of notice, allowed when — postdisclosure notice, form of.
§ 408.686 Challenge to subpoena — procedure, appeals.
§ 408.687 Financial institution to assemble records upon subpoena — delivery of …
§ 408.689 Transfer of records to additional agency, allowed when — notice.
§ 408.690 Nonprohibited disclosure activities
§ 408.692 Law not applicable to government authority, when — procedure.
§ 408.693 Fee paid to financial institution, amount, how determined
§ 408.695 Statute of limitations
§ 408.696 Civil liability for violation, amount — disciplinary action against agency …
§ 408.697 Injunctive relief, allowed when
§ 408.699 Statute of limitations, tolled when
§ 408.700 Subpoena issued under authority of grand jury, records, use of
§ 408.800 Definitions
§ 408.805 Savings promotion program authorized, conditions
§ 408.810 Compliance with federal American Savings Promotion Act
§ 408.815 Programs not gambling, gaming, lottery, raffle, or sweepstake

Terms Used In Missouri Laws > Chapter 408

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: includes administrator where the subject matter applies to an administrator. See Missouri Laws 1.020
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
  • Forbearance: A means of handling a delinquent loan. A
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Handicap: means a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, or disease, and where the impairment is verified by medical findings. See Missouri Laws 1.020
  • hereafter: means the time after the statute containing it takes effect. See Missouri Laws 1.020
  • Heretofore: means any time previous to the day when the statute containing it takes effect. See Missouri Laws 1.020
  • Incompetent: if used in a section in a context relating to actual occupational ability without reference to a court adjudication of incompetency, means the actual ability of a person to perform in that occupation. See Missouri Laws 1.020
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, and "year" means a calendar year unless otherwise expressed, and is equivalent to the words year of our Lord. See Missouri Laws 1.020
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Missouri Laws 1.020
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Missouri Laws 1.020
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes real and personal property. See Missouri Laws 1.020
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes such district and territories. See Missouri Laws 1.020
  • Usury: Charging an illegally high interest rate on a loan. Source: OCC