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Consumers LOSE BIGTIME at Ninth Circuit - Debt Collector Can Charge 10% Pre-Judgment Interest

justia.com | May 13, 2015

Diaz v. Kubler Corp.

Docket: 14-55235 Opinion Date: May 12, 2015
Areas of Law: Consumer Law

Plaintiff filed suit against defendant, a debt collector, alleging that by sending a collection letter that sought ten percent interest on a debt, defendant violated the federal Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692(f)(1) and thereby violated California's Fair Debt Collection Practices Act (the Rosenthal Act), Cal. Civ. Code 1788-1788.33. The district court granted summary judgment in favor of plaintiff. The court reversed and remanded, concluding that defendant's debt collection letter did not violate the FDCPA or the Rosenthal Act where the district court's grant of summary judgment was based on an incorrect reading of California Civil Code section 3287. The court concluded that section 3287(a) can entitle a creditor to prejudgment interest on a debt that is certain or capable of being made certain even without a prior judgment.

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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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