Can I charge the allowable interest (in my state of Calif, 10%) on the unpaid balance for goods received?
The customer has had the merchandise for over a year and I'm doing a last demand before taking legal action. The contract neither allows nor excludes the charging of interest. Yes, I know was a mistake!
Answers:
If you did not specify in the contract that interest will be levied, it shall be assumed by all parties that it will not. Any court will assume the same upon examining the contract.
Since it isn't expressly stated in the contract, if you sue, you probably won't get the interest- but, you can try and demand it. If you end up going to court, they probably won't grant the interest, but it's worth a shot as it's the "throw the spaghetti at the wall and see what sticks" theory.
Yes, you can. Occasionally a judge can deny it later, but that's after it goes to judgment.
You better file it soon, too -- SOL is 2 years.
no. However, courts can award pre and post-judgment interest at the statutory rate from the date the debt was fixed. You can't do it on your own, but a court can do it if you have to sue.
The usual practice is to demand the contractually agreed amount, and to warn them that nonpayment will result in a suit for that amount, interest and costs.
Interest would be calculated from the date of filing.
Even if you win in court, you then get the joy of having to collect on your judgment.
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Answers:
If you did not specify in the contract that interest will be levied, it shall be assumed by all parties that it will not. Any court will assume the same upon examining the contract.
Since it isn't expressly stated in the contract, if you sue, you probably won't get the interest- but, you can try and demand it. If you end up going to court, they probably won't grant the interest, but it's worth a shot as it's the "throw the spaghetti at the wall and see what sticks" theory.
Yes, you can. Occasionally a judge can deny it later, but that's after it goes to judgment.
You better file it soon, too -- SOL is 2 years.
no. However, courts can award pre and post-judgment interest at the statutory rate from the date the debt was fixed. You can't do it on your own, but a court can do it if you have to sue.
The usual practice is to demand the contractually agreed amount, and to warn them that nonpayment will result in a suit for that amount, interest and costs.
Interest would be calculated from the date of filing.
Even if you win in court, you then get the joy of having to collect on your judgment.
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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