Creditors' Rights in Texas 2nd Edition Volume 2: Chapter 20 Usury
Wood, Robert E.
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Chapter 20 of this book is devoted to the concept of usury in the state of Texas. The chapter discusses Texas constitutional and statutory usury provisions. The chapter then explores the rules and exceptions related to each of the four elements that constitute usury in Texas: (1) loan or forbearance; (2) obligation to repay; (3) interest in excess of the legal maximum; and (4) intent. The chapter concludes with a discussion of the penalties for usury law violations and the legal procedure of usury cases including jurisdiction, venue, pleading and proof, and defenses.