Legal Question in Civil Litigation in California

Interest due?

- I entered into a stipulated agreement with my wife/ex-wife.

- One provision was I pay her $20,000 by Feb. 29, 2008. With no mention of interest.

- I didn't pay until September 30, 2008.

- Stipulated Judgment was signed September 15, 2008, entered nunc pro tunc to Jan, 2008.

- Opposing counsel is seeking interest from Feb. 29 to Sep. 30 under CCP 685.01.

- This doesn't seem right though, to enter into a contract without mention of interest, and then have it imputed at a later date. Can someone confirm if I actually owe interest? Isn't there a contracts law that supercedes 685.01?


Asked on 11/17/08, 1:33 pm

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Interest due?

I can do the legal research and consult with you regarding my findings. Contact my office to get cost of one hour consultation if you're interested.

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Answered on 11/17/08, 7:01 pm


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