What to expect from invoking the doctrine of Volenti non fit injuria in debt collection suit?

Asked about 2 years ago - San Diego, CA

One of my affirmative defenses against Plaintiff (debt collection agency) includes invoking the docrine of Volenti non fit injuria.
1- Will judgement go in favor of Plaintiff?
2- If so, will judge award plaintiff interest and attorney fees on judgement amount?

Attorney answers (4)

  1. Michael Charles Doland

    Contributor Level 20

    6

    Lawyers agree

    Answered . Volenti non fit injuria is a defense to a tort action (at common law) not a contract action. No one can predict if the Plaintiff will win. Attorney fees can only be awarded if provided in the contract or by statute. Legal interest in California is 10% p.a. from date of breach. Practical advice - if you use latin in court, you will be the object of jokes.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    6

    Lawyers agree

    Answered . Volenti non fit injuria is a not a viable affirmative defense in a breach of contract or collection action.

    No one can predict the outcome of your litigation, even if provided with all of the facts.

    Yes, prejudgment interest can be added to the principal amount in a judgment.

    Yes, if the contract or a statute provides for attorney's fees, the prevailing party will also be awarded reasonable attorney's fees.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  3. Kathryn Ursula Tokarska

    Contributor Level 16

    4

    Lawyers agree

    Answered . How does this common law doctrine apply to a debt collection defense???

  4. Richard Scott Lysle

    Contributor Level 17

    4

    Lawyers agree

    Answered . What to expect in court: A blank stare by the judge, then he/she will erupt in laughter. After that, the judge will not take anything that you have to say seriously.

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