2088 ARTICLE 58A.
An. Code, sec. 16. 1918, ch. 88, sec. 16. 1924, ch. 115, sec. 16.
16. No licensee shall take any confession of judgment or any power of
attorney, nor shall he take any note, promise to pay, or security that does
not state the actual amount of the loan, the time for which it is made and
the rate of interest charged, nor any instrument in which blanks are left
to be filled after execution.
The payment of three hundred dollars ($300.00) or less in money,
credit, goods or things in action, as a consideration for any sale, assignment
or order for the payment of wages, salary, commissions or other compensa-
tion for services, whether earned or to be earned, shall be deemed a loan
within the provisions of this Article secured by such assignment and the
amount by which such assigned compensation exceeds such payment shall
be deemed interest upon such loan from the date of such payment to the
date such compensation is payable. Such loan and such assignment shall
be governed by and subject to the provisions of this Article.
An. Code, sec. 17. 1918, ch. 88, sec. 17.
17. No assignment of or order for the payment of any salary or wages,
earned or to be earned, given to secure a loan, shall be valid unless such
loan is contracted simultaneously with its execution; nor unless in writing
signed in person by the borrower; nor, if the borrower is married, unless
signed in person by both husband and wife; provided, that written assent
of a spouse shall not be required when husband and wife have been living
separate and apart for a period of at least five months prior to such
assignment.
(a) Under any such assignment or order for the payment of future
salary or wages given as security for a loan made under this Article a sum
of ten (10) per centum of the borrower's salary or wages, shall be collectible
therefrom by the licensee at the time of each payment of salary or wages,
from the time that a copy thereof, verified by the oath of the licensee, or his
agent, together with a verified statement of the amount unpaid upon such
loan, is served upon the employer.
See art. 8, sec. 11, et seq.
An. Code, sec. 18. 1918, ch. 88, sec. 18. 1924, ch. 116, sec. 18.
18. No person, co-partnership or corporation, except as authorized by
this Article shall, directly or indirectly, charge, contract for, or receive
any interest or consideration greater than six (6) per centum per annum
upon the loan, use or forbearance of money, goods or things in action, or
upon the loan, use or sale of credit, of the amount or value of three hundred
dollars ($300.00) or less.
(a) The foregoing prohibition shall apply to any person who, as security
for any such loan, use or forbearance of money, goods or things in action
or for any such loan, use or sale of credit, makes a pretended purchase of
property from any person and permits the owner or pledger to retain the
possession thereof, or who, by any device or pretense of charging for his
services, or otherwise, seeks to obtain a greater compensation than is
authorized by this Article.
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