ZENA said:
i am going to take my x-husband to small claims court in california for back support for the months of july and august of 2001. can i charge interest? if so how much and what law says i have the right to do so?
thank you
My response:
Well, first, you need to tell me whether this was court ordered support, or whether it was an agreement that was eventually incorporated into the final order of dissolution.
If it was the former, then you need to file your OSC in the Family law court where your order was rendered. If it was an incorporated agreement, then you have your choice - - OSC in Family court, or Small Claims court. However, you'll get more "bang for your buck" if your file an OSC.
Every judgment in California, notwithstanding an interest rate already set in an agreement, carries the statutory maximum of 10%.
IAAL
