Usurer: What You Need to Know About Legal Lending Practices
Definition & meaning
A usurer is a person who lends money at an excessively high interest rate. This term typically refers to lenders who charge interest rates that are considered exorbitant or illegal. In the United States, each state has laws that set maximum legal interest rates, which can vary significantly. If a lender charges more than the allowed rate, they may be committing the crime of usury.
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The term "usurer" is primarily used in the context of financial and lending laws. It is relevant in civil law, particularly in cases involving loans and interest rates. Usury laws are designed to protect borrowers from predatory lending practices. Users may encounter this term when dealing with loan agreements, credit contracts, or disputes over interest rates. Legal templates available through US Legal Forms can assist individuals in drafting compliant loan agreements or understanding their rights as borrowers.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: A lender in a state with a maximum interest rate of 30 percent charges a borrower 50 percent interest on a personal loan. This lender could be prosecuted for usury.
Example 2: A payday loan company advertises a loan with an interest rate of 45 percent, which is legal in some states but may be considered usurious in others if it exceeds state limits. (hypothetical example)
Relevant Laws & Statutes
Usury laws are governed by state statutes, which vary widely. For instance, some states allow interest rates up to 45 percent, while others may set lower limits. Notable cases include Dikeou v. Dikeou, which established a precedent regarding reasonable interest rates in Colorado.
State-by-State Differences
State
Maximum Legal Interest Rate
California
10 percent
Texas
18 percent
Colorado
45 percent
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Usurer
A lender who charges excessively high interest rates.
Predatory lending
Unethical practices by lenders to deceive borrowers into unfavorable loan terms.
Loan shark
An illegal lender who charges extremely high interest rates, often using threats or violence.
Common Misunderstandings
What to Do If This Term Applies to You
If you believe you are being charged usurious rates, consider the following steps:
Review your loan agreement and state usury laws.
Document all communications with the lender.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can help you address the issue.
Quick Facts
Typical maximum interest rates vary by state.
Violations can lead to criminal charges or civil penalties.
Usury laws are intended to protect borrowers from exploitation.
Key Takeaways
FAQs
A usurious interest rate is any rate that exceeds the maximum legal limit set by state law.
Yes, you can report a usurer to your stateâs attorney general or financial regulatory agency.
Penalties for usury can include fines, restitution to borrowers, and potential criminal charges against the lender.