Legislator Case Law & Legislation
I C 953/18 AI generated

Consumer loan contract upheld; court orders installment payments due to debtor's financial hardship.

Case Number I C 953/18
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The court ruled in favor of the plaintiff, ordering the defendant to repay the full loan amount plus maximum statutory interest and procedural costs. Although the defendant admitted the debt, she argued the interest was excessive and requested a payment plan due to her medical expenses and other financial obligations. The court granted the claim but applied the Civil Procedure Code to allow the judgment to be paid in installments, recognizing the defendant's inability to pay the sum immediately.

Legislator headnote

AI generated

Art. 36a ust. 1 ustawy o kredycie konsumencki; Art. 320 k.p.c.: The maximum non-interest costs in a consumer loan cannot exceed the loan principal; if the debtor's financial situation makes immediate payment impossible, the court may order the debt to be paid in installments.

Keywords

AI generated
consumer loan contract excessive interest installment payments financial hardship civil procedure code consumer protection law debt repayment

Cited Legislation

AI generated
Art. 36a ust. 1 ustawy o kredycie konsumencki z dnia 12 maja 2011 roku
Art. 320 k.p.c.
Art. 98 k.p.c.
art. 320 k.p.c
art. 98 k.p.c
AI generated

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