Section 18640 Of Article 5. Charges On Scheduled Balances From California Financial Code >> Division 7. >> Chapter 8. >> Article 5.
18640
. A deferment charge may be charged and collected on a loan
made under Section 18636 if the payment date of all wholly unpaid
installments on which no default charge has been collected is
deferred one or more full months and the loan contract so provides.
Such deferment charge shall not exceed the portion of precomputed
charge applicable, prior to deferment, to the first deferred monthly
installment period multiplied by the number of months the maturity of
the contract is deferred. Such number of months shall not exceed the
number of full installments which are in default on the date of
deferment or which may become due within 15 days of such date. When a
deferment charge is made, no portion of the precomputed charge shall
apply to the installment periods in which no installment payment is
required by reason of the deferment. In computing any default charge
or required rebate, the portion of the precomputed charge applicable
to each deferred balance and installment period following the
deferment period and prior to the deferred maturity shall remain the
same as that applicable to such balances and periods under the
original contract of loan. Such charge may be collected at the time
of deferment or at any time thereafter. Any payment received at the
time of deferment may be applied first to the deferment charge and
the remainder, if any, applied to the unpaid balance of the loan
contract; provided, however, if such payment is sufficient to pay, in
addition to the appropriate deferment charge, any installment which
is in default and the applicable default charge, it shall be first so
applied and any such installment shall not be deferred nor subject
to the deferment charge.