Legal Question in Credit and Debt Law in California

do i need to pay interest

i have recieved a judgment to pay $4995.02 the principle plus $118 court cost and $660.00 the standard attorney's fee.

i would have liked to settled this out of court but they wanted to go to court only because i didn't want to pay for the interest (which was almost $2,000 in only two years time)

now that they received the judgment they are now going to file a Declaration RE: interest.

so now i am afraid that they some how will get a judgment for the interest, which by the way is not in the contract!

i know they are intitled to a 10% interest per year, but i would like to pay the total before more money is ''taxed'' on.

thanks for any information


Asked on 7/11/01, 6:42 pm

1 Answer from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: do i need to pay interest

It sounds like the judgment creditor (ther person to whom you owe the money) is going to file a declaration for accrued interest after judgment. This is usually done by judgment creditors so that they can collect the amount of the original judgment, together with 10% simple interest per annum. The declaration is generally filed at the same time that the judgment creditor applies to the court for a writ of execution, which is the document that they will give to the "levying authority" in your area at the time they begin enforcement proceedings. These declarations generally do not result in a judgment being amended or altered. This type of declaration generally only allows the judgment creditor to collect statutory interest from that date of entry of judgment until the judgment is paid in full.

Enforcement proceedings can take the form of various acts, including wage garnishment, bank account levies, and what is known as a judgment debtor's examination (requiring you to appear and answer questions concerning your finances), among others.

If you want to pay the judgment, I would suggest that you simply conatact the creditor, or the attorney handling the lawsuit against you, to discuss payment arrangements. The judgment creditor should be happy to accept your payment, and must, within a specified period of time, provide you with what is known as an Acknowledgement of Satisfaction of Judgment, which must be filed with the court. Remember, however, that interest has accrued at the rate of 10% per annum since the date the judgment was entered, and the judgment creditor will most likely want the entire judgment, together with accrued interest.

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Answered on 7/12/01, 12:58 pm


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