Missouri Revised Statutes

Chapter 408
Legal Tender and Interest

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Rsmo Number Section Description
Chapter Cross Reference
Annual interest rate for department of revenue to be calculated by state treasurer, 32.068, 32.069
Credit cards accepted for payment of taxes and fees by department of revenue, charge for card use, when, 32.063
Loan brokers, advance fees prohibited, 367.305
Pawnbroker loans, interest rate, 367.021
Persons, firms and corporations not subject to administrative penalties for acts performed in reliance on written interpretations of this chapter by division of finance, 361.729
Regulation of small loans, 367.100 to 367.215
Retail credit financing institutions, Chap. 364
Written interpretations of this chapter, reliance upon as defense to administrative action, 361.729
   
LEGAL TENDER
408.010. Silver a legal tender.
   
INTEREST
408.015. Definitions.
408.020. When no rate of interest is agreed upon, nine percent allowed as legal interest.
408.030. Interest, maximum rate allowed--penalty for overcharge, limitation on action for--"market rate" to be determined, when, how--discounting to financial organizations authorized.
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, exceptions--return of moneys above maximum permitted.
408.040. Interest on judgments, how regulated--prejudgment interest allowed when, procedure.
408.050. Excess interest paid recoverable with costs and attorney fee.
408.052. Points prohibited, exception--penalties for illegal points--violation a misdemeanor--default charge authorized, when, exceptions.
408.060. Defendant may plead usury--judgment, how rendered--corporations cannot enter plea of usury.
408.070. Usurious interest--security agreement invalid.
408.080. Interest may be paid on interest--compounding limited to once a month--prohibited for certain loans.
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.
   
INTEREST ON SMALL LOANS
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--receipts for payments.
408.140. Additional charges or fees prohibited, exceptions--no finance charges if purchases are paid for within certain time limit, exception.
408.145. Fees for credit cards issued in contiguous states.
408.150. Lender can not receive excess interest--failure by lender to return excess interest, damages allowed.
408.160. False advertising prohibited.
408.170. Contracts paid in full before due date--recomputations of interest--refund defined.
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 balance.
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.
   
SECOND MORTGAGE LOANS
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 reliance on interpretation by division of finance, effect.
408.237. Applicability of sections 408.231 to 408.241.
408.240. Penalties--actions taken or omitted in reliance on written interpretation by division, effect.
408.241. Prepayment fee, second mortgage loans, allowed when.
   
RETAIL CREDIT SALES
408.250. Definitions.
408.260. Time contract, how executed--required contents--additional notes to cut off buyer's rights prohibited--waiver of buyer's legal remedies prohibited.
408.270. Retail time contracts negotiated by mail--delivery unnecessary--notice of insertions in blanks.
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 agreements, time charges authorized.
408.310. Assignments of retail time contracts and charge agreements--notice to buyer, effect.
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 perfecting security interest authorized--attorney fees--consolidation of contracts.
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 attorney, right of entry to repossess and waiver of damages from repossession provisions, prohibited.
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 transactions not prohibited.
   
BUYER'S DEFENSES AGAINST HOLDER OF CREDIT INSTRUMENT
408.400. Definitions.
408.405. Defenses or setoffs arising from transaction good against holder of security instrument, when.
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.
   
LENDERS OF UNSECURED LOANS OF $500 OR LESS
408.500. Unsecured loans of five hundred dollars or less, licensure of lenders, interest rates and fees allowed--penalties for violations--cost of collection expenses--notice required, form.
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.
   
LOAN DISCRIMINATION
408.550. Discrimination prohibited--damages recoverable.
   
DEFAULTS
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 procedures--borrower's right to cure.
408.556. Actions arising from default, contents of petition--default judgment requires sworn testimony--recovery of unpaid balances.
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.
   
RESIDENTIAL REAL ESTATE LOANS
408.570. Definitions.
408.575. Denial of loans prohibited, when, reasons for.
408.580. Applications to be accepted--written reasons for rejection required--display of statute required--retention of records--rulemaking, procedure.
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--complaints, how handled--hearings--remedies.
   
RIGHT TO FINANCIAL PRIVACY ACT
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 required.
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 records, when.
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 employee, when--good faith a valid defense, when--exclusive remedy.
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.
   
SAVINGS PROMOTION
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.

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