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Statutes

"If the court finds that a lease contract or any clause of a lease contract was unconscionable at the time it was made, the court may refuse to enforce the lease contract, or it may enforce the remainder of the lease contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

With respect to a consumer lease, if the court as a matter of law finds that a lease contract or any clause of a lease contract has been induced by unconscionable conduct or that unconscionable conduct has occurred in the collection of a claim arising from a lease contract, the court may grant appropriate relief.

If the court finds unconscionability, the court must award reasonable attorney's fees to the lessee. If the court does not find unconscionability and the lessee claiming unconscionability has brought or maintained an action they knew to be groundless, the court must award reasonable attorney's fees to the party against whom the claim is made. N.J. STAT. ANN. 12A:2A-108"

Cases

Attorney's fees do not constitute interest, and thus, are not usurious. See Alcoa Edgewater No. 1 Federal Credit Union v. Carroll, 44 N.J. 442 (1965).

Comments

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Contributors

Lawrence F. Flick, II
Blank Rome LLP

The statutory information was edited and reviewed with the support of MultiState

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