44 beneath the ICCC, debtors have actually 20 times to cure a default before a creditor can institute appropriate procedures, including self-help repossession of security. Iowa Code §§ 537.5110, 537.5111. It could be ludicrous to declare that the failure to cure within that right time could create an inference that the debtor never designed to repay the mortgage, and knew he could never, therefore justifying a fee for theft by deception. The failure to produce a check-loan good after notice may be the functional exact carbon copy of the standard straight to cure pertaining to other types of credit rating deals. ( The real difference is the fact that risk of unlawful prosecution may haunt the defaulting cash advance debtor’s head. )
45 See Sec. LB, above.
Interplay of Iowa Code § 714.1 and Chap.
The Iowa court has not yet handled post-dated checks when you look at the context of § 714.1(6) considering that the Hogrefe choice. Nevertheless, this has had occasion to state its view it is poor to utilize a fee of theft by deception to make prosecutors into collection agents for agreement disputes. 46