Legal Opinion

RUTH v. CHEROKEE FUNDING, LLC

Supreme Court of Georgia

Decided October 22, 2018No. S17G2021Published

1Opinion of the Court

304 Ga. 574

FINAL COPY S17G2021. RUTH et al. v. CHEROKEE FUNDING, LLC et al. BLACKWELL, Justice. In Cherokee Funding v. Ruth,

342 Ga. App. 404

( 802 SE2d 865) (2017), our Court of Appeals decided that neither the Industrial Loan Act, OCGA § 7-3- 1 et seq., nor the Payday Lending Act, OCGA § 16-17-1 et seq.,1 applies to certain transactions in which a financing company provides funds to a plaintiff in a pending personal-injury lawsuit, the plaintiff is obligated to repay the funds with interest only if his lawsuit is successful, and his obligation to repay is limited to the extent of the damages…

2Cases cited11 opinions

  1. Deal v. ColemanSupreme Court of Georgia · 2013
  2. Anglo-Dutch Petroleum International, Inc. v. Haskell, Texas Court of Appeals, 1st District (Houston)2006
  3. Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
  4. Pope v. MarshallSupreme Court of Georgia · 1887
  5. City of Marietta v. SummerourSupreme Court of Georgia · 2017

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