hey folks....

[Isis1]

Sunny California (the sun actually came out!! woohoo!)

hi friends.

so, most of you know i'll be studying law...(yea!)

my nosey self knows someone who is being sued in small claims court by CashCall. or their debt successor.

now, in small claims court, a business cannot sue more than $5,000.

the claimant is suing for $4,844.66. contract was started 11-5-06. (written contract is legal by the 4 year CA law) time issue, still under 4 years.

the claimant wants the $4844.66 PLUS 10.00% interest starting 4-30-08. (this puts it over the $5,000.00 mark, doesn't it?) shouldn't if any interest at all be added, start the date of judgement?

the claimant also wants attorney's fees of $380.67 (this also puts it over the $5000.00, doesn't it?) and um...attorney's fees in small claims court? i understood attorneys were not to be attending small claims issues...so why the attorney's fees?

now, this person wants to know the odds of reducing the amount to something more payable. such as including the payments he DID make for one year (wasn't included in the summons and petition) which can be located. and what are the odds of a more feasible payment plan being ordered by the court as part of the judgement? or is garnishment a very forseeable solution to the debtor's problem?

any suggestions? thoughts....scoldings....giggles?

 

[BOR]

PRE judgment interest is not included in the jurisidictional amount, nor is an award of attorneys fees.

I never knew they were compensable in SC ? That seems to defeat the purpose, as a Plaintiff can hire an attorney for a 100.00 claim and the lawyer could charge 1,000.00?? The Plaintiff could just do it to be vexatious.

If the date of the last transaction was X day in 2008, the SOL would be X day, 2012. The 4 years is from the Cause of Action, not when the contract was entered into.

Garnishment is only allowed so much by law, I don't know what it is in CA?

 

[Isis1]

PRE judgment interest is not included in the jurisidictional amount, nor is an award of attorneys fees.

I never knew they were compensable in SC ? That seems to defeat the purpose, as a Plaintiff can hire an attorney for a 100.00 claim and the lawyer could charge 1,000.00?? The Plaintiff could just do it to be vexatious.

If the date of the last transaction was X day in 2008, the SOL would be X day, 2012. The 4 years is from the Cause of Action, not when the contract was entered into.

Garnishment is only allowed so much by law, I don't know what it is in CA?

thanks BOR. i was a little screwy as far as i could find on attorney's fees in small claims. at least as far as what i could find. the pre-judgement interest sounds blegh....i'm terrible at math anyway.

i'm still looking for garnishments in CA. i thought it was 50%...but it's been awhile since read that.

i'm just plain nosey