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(1) If the court finds as a matter of fact that it was the understanding of the creditor and the consumer at the time an extension of credit was made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation or property of any person, the repayment of the extension of credit is unenforceable through civil judicial process against the consumer.
(2) If a court finds as a matter of fact that an extension of credit was made at a rate in excess of that permitted for such transaction by the provisions of this chapter and that the creditor then had a reputation for the use or threat of use of violence or other criminal means to cause harm to the person, reputation or property of any person to collect extensions of credit or to punish the nonrepayment thereof, there is prima facie evidence that the extension of credit was unenforceable under subsection (1).
Cite this article: FindLaw.com - West Virginia Code Chapter 46A. West Virginia Consumer Credit and Protection Act § 46A-2-120. Extortionate extensions of credit - last updated January 01, 2020 | https://codes.findlaw.com/wv/chapter-46a-west-virginia-consumer-credit-and-protection-act/wv-code-sect-46a-2-120/
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