Legal Question in Credit and Debt Law in California
I have defaulted on a loan, the company filed a Judgement against me. For the last 7 months, I've been making regular monthly payments, however the company will not provide me with a statement showing what I actually owe. When I call, no on can clearly explain to me what I owe or what is included in the amount owed. Is there any kind of law that says they have to provide this information? Or am I at their mercy because I defaulted on the contract?
2 Answers from Attorneys
If the creditor has a judgment against you, you can obtain a copy of the judgment from the court which will tell you the amount of the judgment and the name of the judgment creditor. Judgments in California accrue interest at the simple rate of 10% per annum from the date of entry until paid. You can calculate the amount you owe by multiplying the original amount of the judgment by 10%, then dividing that amount by 365 days to arrive at the daily amount of interest that is being added. Subtract your payments from the original amount of the judgment, paying interst first, and that will give you your current balance.
One cavaet, if the judgment includes an amount for attorney's fees, the creditor can add its attorney's fees to collect the judgment to the judgment, which will increase the amount you owe.
You are paying on a judgment, not on a loan. Reduce the total amount of the judgment by the amount of your accumulated payments. At the end of each year since the judgment was entered, add 10% interest (or the interest permitted by the court) on the remaining principal, and that should be your total.