§ 14-209. Fines or penalties for nonperformance of contracts

   (a) No accrual during stay. -- If an action for compliance with the terms of a contract is stayed under this subtitle, a fine or penalty does not accrue because of failure to comply with the terms of the contract during the period of the stay.

(b) Relief against enforcement. -- A court may provide relief against the enforcement of a fine or penalty for nonperformance of a contract if the court finds that:

   (1) a person failed to perform an obligation and a fine or penalty for nonperformance was incurred;

   (2) the fine or penalty was incurred during the period that the person was a person in emergency management service or person suffering injury or damage; and

   (3) the ability of the person to pay the fine or penalty or perform the obligation was materially impaired because the person was a person in emergency management service or person suffering injury or damage.

HISTORY: An. Code 1957, art. 16A, § 14(d), 18; 2003, ch. 5, § 2.