Legal Question in Civil Litigation in California
After receiving judgement in my favor, the promise note contained interest for a 6 year term at 3% per month if loan was defaulted. Why would a judge award only the principal amount without any interest or attorney fees?
Asked on 11/02/13, 11:19 am
2 Answers from Attorneys
Charles Perry
Law Offices of Charles R. Perry
The interest rate is usurious under California law. That would prohibit an award of interest.
Attorney's fees cannot be awarded if there is no attorney's fees provision in the note.
Without reviewing the note and the documents in the case, it is impossible to say anything more without speculating.
Answered on 11/02/13, 11:30 am
Kelvin Green
The Law Office of Kelvin Green
You want a judge to enforce a 3 percent a month contract? Your contract did not have a provision for attorneys fees ...my guesses...
Answered on 11/02/13, 5:54 pm
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