REMEDIES AND PENALTIES
LIMITATIONS ON CREDITORS’ REMEDIES
28-45-107. Default. An agreement of the parties to a regulated consumer credit transaction with respect to default on the part of the debtor is enforceable only to the extent that:
(1) The debtor fails to make a payment as required by agreement; or
(2) The prospect of payment, performance, or realization of collateral is significantly impaired; the burden of establishing the prospect of significant impairment is on the creditor.
[28-45-107, added 1983, ch. 119, sec. 3, p. 296.]