Bisno v. Kahn, No. A133537 (D1d3 Apr, 25, 2014)
The court holds that it doesn’t violate California's usury laws for a creditor to enter into a contract with a debtor to forebear on collecting on a judgment, even if the forbearance contract includes interest well over and above the statutory 10 percent that applies to unpaid judgments. That said, the court holds that the forbearance contract is not part of the judgment. So the debtor can satisfy the judgment without paying off the contract, which would have to be enforced in a separate action where the debtor would get a chance to raise defenses like unconscionability and economic duress.
Affirmed.
Subscribe to:
Post Comments (Atom)
The Jurisprudence of Signification
Wood v. Superior Court , No. A168463 (D1d2 Mar. 14, 2024). Yes. You can change your legal name to Candi Bimbo Doll if you want to. See Cod...
-
Pollock v. Superior Court , No. B321229 (D2d1 Jul. 31, 2023) Back in 2019, the Legislature amended Code of Civil Procedure § 2031.280 to inc...
-
RSB Vineyards, LLC v. Orsi , No. A143781 (D1d3 Sept. 29, 2017) In this real estate warranty case, the court affirms a summary judgment in ...
No comments:
Post a Comment