Oakland, CA asked in Consumer Law and Contracts for California

Q: Can a legal funding charge 300% intrest rate. They claim its not a loan they call it a purchase agreement.

Related Topics:
2 Lawyer Answers

A: It is probably legal. It sounds like a rent to own type of transaction.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, legal funding companies are generally subject to the state's usury laws, which limit the amount of interest that can be charged on loans. As of September 2021, the maximum annual interest rate that can be charged on consumer loans under $10,000 in California is 36%.

However, some legal funding companies may argue that they are not subject to usury laws because they are not providing loans, but rather purchasing an interest in a potential recovery in a legal claim. In such cases, the legal funding company may structure the agreement as a purchase of an asset or claim, rather than a loan.

It's important to carefully review the terms of any agreement with a legal funding company and to consult with an attorney if you have any questions or concerns about the terms of the agreement. If you believe the legal funding company has engaged in unfair or deceptive practices, you may file a complaint with the California Attorney General's office or consult with a private attorney about your legal options.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.