Legal Question in Credit and Debt Law in Utah

Grace period

If a person does not make a payment on time is the financer required by law to give a grace period to the person making payments, and if so how much time (days)?


Asked on 11/08/99, 10:01 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Grace period

Generally no grace period is mandated by law, except for certain government insured loans, i.e., FHA and VA. The reason no grace period is mandated by law is that a financing agreement is a contract. Parties may contract for any terms that they like. Whether or not a grace period is present depends on the language of the contract. Even if you have a grace period, you will still have to pay interest over a greater period of time, thus if you normally would have paid $50 in prinicpal, because you are past the due date, interest must be paid for a longer period of time, and thus you pay less principal. One should use a grace period for only emergencies. Finally, even if your contract does not have a grace period, if you make a payment and the lender accepts it, chances are that you may redeem the contract from "default" - although that is not always the case.

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Answered on 11/11/99, 9:40 pm


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