accrued interest

[njoii]

hi, from california
if when i lost a case in small claims court, the plaintiff had included accrued interest in the suit, would it be legal for her to file again seperatly for accrued interest on the unsatisfactory balance?
thanks so much........

 

[I AM ALWAYS LIABLE]

hi, from california
if when i lost a case in small claims court, the plaintiff had included accrued interest in the suit, would it be legal for her to file again seperatly for accrued interest on the unsatisfactory balance?
thanks so much........

My response:

No. You can't get a "judgment on a judgment". If the judgment interest of 10% was awarded to her, she must use the Writ of Execution method to be paid, and to Attach whatever property you own; e.g., bank accounts, earnings, land, vehicles, etc.

She won't get any help from the court by filing another lawsuit in order to enforce the previous judgment. She'll be wasting her time and money on the filing fee. The second lawsuit will merely be dismissed. When you appear on the second lawsuit, your defense will be "Res Judicata" - - the issue has already been decided in a previous lawsuit hearing.

IAAL

[Edited by I AM ALWAYS LIABLE on 07-27-2001 at 10:26 AM]

 

[njoii]

my friend IAAL

might i add that you are my hero?????lol.....thank you

 

[I AM ALWAYS LIABLE]

My response:

Yes, you may add that.

IAAL

 

[JETX]

Damn, beginning to sound like one of those 'California lovefests' around here.

Okay, now little campers, lets all sit around the campfire, and tell stories of the old days when mothers were always home, Dad never raised his voice and lawyers were heroes to be looked up to... "Uh, would someone please pass the marshmallows??"

"All we need is love.... love is all we need"