• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Indicating intent to collect interest - can this be done?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Jendor

Member
I guess anything "can be done" but I made the subject line, wondering if it would hold up in a small claims court under certain conditions. Since it's a personal matter and I'm not a business, etc., I don't know where the laws would stand.

So I have nicely asked Mr. & Mrs. Deadbeat to pay me back on a personal loan.

Basically from another recent thread I made, it sounds like it would not be all that efficacious to actually file a small claims on them, but after they have made some threats of physical harm towards me, hard to say what direction things could go in. For now, I'm documenting everything, and know to contact law enforcement if it comes down to that.

That said, can I contact them, in an effort to try and negotiate a monthly payment (as in person to person outside of the courts), and interest on top of the original loan, with the interest being effective as of the contact date. I realize with nothing having been signed prior indicating interest, date of original loan to present would definitely hold no weight.

If I indicated to them that I would be collecting a percentage of interest on the total owed to me, and later were to file a small claims, would the "interest" charged, with acknowledgment by them, hold any weight, and would this be allowed as a part of a small claims filing?

Several weeks or months from now, I don't know what I will ultimately do, so doing my research as to what I can LEGALLY do.
 


justalayman

Senior Member
first, you were asked to post your state. You not only ignored the request, you deleted the question. The state involved is important in most questions.

As to wanting to impose interest? Not a chance. You cannot alter the contract you entered into.

Most states do allow interest to be charged on a judgment though but since you did not answer what state this involves, I cannot tell you if yours does and if so, how much.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top