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Is a court ordered judgement at a lower interest rate?

Date: Mon, 06/25/2007 - 14:04

Submitted by anonymous
on Mon, 06/25/2007 - 14:04

Posts: 202330 Credits: [Donate]

Total Replies: 10


Hello, I'm in California.

I borrowed $10,000 from CashCall at 39%. I haven't made 3 payments. I now owe over $11,000. I want to reduce the interest rate, however they say they don't do that. At 39%, it'd take forever to pay them off. Like a perpetual tithe.

I heard that if we go to court and they receive a judgment by the court for me to pay them, will it be at 39% as well or is there a maximum rate the court will allow?

Thanks,

Steve


Judgment is not going to look good on your credit. But if you really have no other option to settle this case outside the court, the judge will fix up a payment plan with CashCall. It should not be more than 25% after deducting your disposable income. However, each state has its own laws on garnishment. Check with the attorney general for the specific laws in your state.


lrhall41

Submitted by Howard on Mon, 06/25/2007 - 14:41

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When a contract is reduced to judgment, it can no longer earn interest as outlined in the contract. Basically, when a creditor sues you, all interst/delinquency charges stops. From then on, they can only add court costs/fees and "Judgment interest".

Judgment interest is always set at the state's statutory rate. In Illinois judgments can only earn 9% interest.

Keep in mind, judgments will show on your credit report and will not look good to future lenders when you want another loan. Also, judgments stay on for 10 years not 7.

But, if you're just worried about the interest, then yes a judgment will reduce your interest rate from 39% to whatever your state's statutory rate is.


lrhall41

Submitted by DebtCruncher on Mon, 06/25/2007 - 17:45

( Posts: 2293 | Credits: )


Thanks for the help.

I'm going to talk with Cashcall tomorrow. My goal is to pay off the debt. I did borrow and spend the money.

Hopefully, I can refinance the loan. however, with the horror my credit has become, that may prove to be next to impossible.

If my mom doesn't lend me the money, know anywhere I can go for help?


lrhall41

Submitted by on Tue, 06/26/2007 - 00:01

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Yeah, cashcall sucks. They are backed by a bank, so they are 100% legal. You are lucky you are only paying 39%, usually they charge closer to 99%.

The one problem is that places like cash call will usually threaten suit right away, but then wait quite a while before actually suing. They know they lose their interest if they get a judgement, so they usually let it go for a while so it builds up interest. Then they hit you.

Have you checked out prosper.com yet? It's a place where normal people will bid on lending you money. You do have to have a minimum credit score to even be able to post, but it may be worth a shot if your mom doesn't come through.


lrhall41

Submitted by goudah2424 on Tue, 06/26/2007 - 06:52

( Posts: 7935 | Credits: )


Thanks for the link! I'm going to check that site out!

So, I talked to CashCall today. I asked about reducing my rate, they said no. I asked about the letter I received from their attorney and he said that if I made a payment and became current they wouldn't take me to court. I then asked him, "wouldn't the california statute limitations on interest that can be charged on judgements be less than 39%?" He got upset and told me that if they sued me, they'd go after a judgement for the entire finance charge over 10 years, plus the $9,925 they lent me, totalling $39,000. So if I don't want that, I should make my payments and feel happy that there's no prepayment penalty.

Was that man correct? That sounds stupid that they'd be awarded a judgement for interest that hasn't accrued yet! They don't deserve future earnings, how could they prove that in court, ESPECIALLY since there isn't a prepayment penalty. I hate CashCall.


lrhall41

Submitted by on Tue, 06/26/2007 - 21:24

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I have a question also, I'm trying to purchased a house and also have a judgement in the amount of 3,500. However when someone try to make a settlement they stated that my loan is for 6,500 and that is because of all the interests acrued so far. They never said that they were going to be any interest 5 years ago how they can increase that since I have not singed any documents.

Need some help/


lrhall41

Submitted by on Fri, 06/25/2010 - 20:27

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