Legal Question in Civil Litigation in California
CA Usury law/cases Petition Supeme Ct
Calif. "Usury" law and precedents - Usury law (U.S.) and Statute 1919 (whch I cannot find) define usury as anone who Takes or Receives over 12% on loans. In my case, Def. breached Unilateral loan agreements, offered 20% as entrapmet; offered 3 cotracts fraudulently. Appeal Court denied my request for pre-trial interest on loans, buying defendant's argument I was Usurious. But I did not "take" or "receive" principal or interest/I reduced rates to 10% in complaint/and D signed a Raffirmation Agreement (in a Dismissed CH.11) Where I reduced loan rates to 10%. Hence there is no usury.
Can you help? What is the Calif law? authority cases? Appeal court igored the law. Also it's the princile: I am not a usurer, I care about my reputation. Thank you,
1 Answer from Attorneys
Re: CA Usury law/cases Petition Supeme Ct
Your question isn't very clear, but it sounds like your defendant went bankrupt and had his obligation to you discharged by the bankruptcy court. If this is the case, then I don't see how you could collect anything, regardless of the interest rate.
You would need to provide a much more detailed explanation of what's going on here. A brief discussion of what an appellate court decided is rarely enough, because it overlooks everything that happened at the trial and pretrial stages. With more information, I might be able to be more helpful.
Edward Hoffman
Law Offices of Edward A. Hoffman
11620 Wilshire Boulevard, #340
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