Section 38-10-124 - Credit agreements - required to be in writing

(1) As used in this section, unless the context otherwise requires: (a) 'Credit agreement' means: (I) A contract, promise, undertaking, offer, or commitment to lend, borrow, repay, or forbear repayment of money, to otherwise extend or receive credit, or to make any other financial accommodation;(II) Any amendment of, cancellation of, waiver of, or substitution for any or all of the terms or provisions of any of the credit agreements defined in subparagraphs (I) and (III) of this paragraph (a); and(III) Any representations and warranties made or omissions in connection with the negotiation, execution, administration, or performance of, or collection of sums due under, any of the credit agreements defined in subparagraphs (I) and (II) of this paragraph (a).(b) 'Creditor' means a financial institution which offers to extend, is asked to extend, or extends credit under a credit agreement with a debtor.(c) 'Debtor' means a person who or entity which obtains credit or seeks a credit agreement with a creditor or who owes money to a creditor.(d) 'Financial institution' means a bank, savings and loan association, savings bank, credit union, or mortgage or finance company.(2)

credit agreement with a creditor or who owes money to a creditor.(d) 'Financial institution' means a bank, savings and loan association, savings bank, credit union, or mortgage or finance company.(2) Notwithstanding any statutory or case law to the contrary, including but not limited to section 38-10-112, no debtor or creditor may file or maintain an action or a claim relating to a credit agreement involving a principal amount in excess of twenty-five thousand dollars unless the credit agreement is in writing and is signed by the party against whom enforcement is sought.(3) A credit agreement may not be implied under any circumstances, including, without limitation, from the relationship, fiduciary or otherwise, of the creditor and the debtor or from performance or partial performance by or on behalf of the creditor or debtor, or by promissory estoppel.Amended by 2013 Ch. 282,§ 71, eff. 7/1/2013.L. 89: Entire section added, p. 1438, § 1, effective March 15. L. 2013: (1)(d) amended, (SB 13-154), ch. 282, p. 1489, § 71, effective July 1.