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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

5 Del. C. § 971: Attorney’s fees; costs.

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Where this section sits in the code
  1. Title 5. Banking
  2. Banks and Trust Companies
  3. CHAPTER 9. Regulations Governing Business of Banks and Trust Companies
  4. Subchapter III. Bank Closed End Credit

In the event an individual borrower defaults under the terms of a loan, the bank may, if such borrower’s account is referred to an attorney (not a regularly salaried employee of the bank) or to a third party for collection and if the agreement governing, or the bond, note or other evidence of, the loan so provides, charge and collect from the borrower a reasonable attorney’s fee. In addition, following an individual borrower’s default, the bank may, if the agreement governing, or the bond, note or other evidence of, the loan so provides, recover from such borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the bank.

Collected 2026-09-05T23:02:04Z. Source file · JSON

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