Legal Question in Credit and Debt Law in California

california civil code section 1719 treble damages as applied to credit card tran

Has calif civil code section 1719 ever been applied to denied credit card transactions as opposed to NSF checks exclusively? Two judges in two separate small claims courts have asked for case sitings as I am attempting to receive treble damages for denied ATM/credit card transactions. If there are no cases, how can I get a judge to review the code, paragraph 6, and have him/her rule that ''lack of funds or credit in account'' can, and should be, applied to denied credit/ATM card transaction?


Asked on 10/04/02, 2:30 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: california civil code section 1719 treble damages as applied to credit card

I believe you are barking up the wrong tree. Small claims judges are not the proper forum to ask a court to expand the law, i.e. statutory language. You are not likely to succeed there, but, if you were to appeal, and I'm not sure of where your appeal lies, do they still have an appellate division of the Superior Court? Consolidation has played havoc with the courts. But, only "on appeal" do you stand a chance of getting a new interpretation of statutory language.

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Answered on 10/04/02, 10:06 pm


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