Eda Letona v. Carmen Barrera (2013)

MEMORANDUM OF DECISION

Trial was held in the above-captioned matter on October 23, 2013, at which time both parties appeared.   Having heard the evidence presented by the plaintiff and the defendant, the court makes the following findings:

(1) On or about April 22, 2012, the plaintiff, Ms. Eda Letona, lent the sum of Twenty Thousand and 00/100 Dollars ($20,000.00) to the defendant, Mrs. Carmen Barrera, a/k/a Carmen M. Barrera, which amount the defendant promised to repay to the plaintiff on or before July 15, 2012;

(2) The defendant promised to pay interest in the amount of ten percent (10%) per annum on the unpaid balance if not repaid on or before the maturity date of July 15, 2012;

(3) The loan agreement between the parties was memorialized in a written document dated April 22, 2012 signed by the defendant and delivered to the plaintiff (Plaintiff's Exhibit 1);

(4) Despite repeated demands for repayment by the plaintiff upon the defendant, the defendant has failed to repay any portion of the principal or interest owed to the plaintiff;

(5) The defendant is justly indebted to the plaintiff in the principal amount of Twenty Thousand and 00/100 Dollars ($20,000.00) plus prejudgment interest at the agreed-upon rate of ten percent (10%) per annum in the amount of $2,548.00.¹  The court finds that in order to restore the plaintiff to the position that she would have been in had the defendant honored the parties' agreement, it is fair and equitable that the plaintiff recover of the defendant the agreed-upon interest from the date of maturity to the date of Judgment, plus interest of ten percent per annum post-judgment, General Statutes § 37–3a, and DiLieto v. County Obstetrics & Gynecology Group, P.C., 310 Conn. 38 (2013).

Judgment shall enter in favor of the plaintiff, Eda Letona, and against Carmen Barrrera, a/k/a Carmen M. Barrera on both counts of the plaintiff's complaint in the amount of Twenty–Two Thousand Five Hundred Forty–Eight and 00/100 Dollars ($22,548.00), plus postjudgment interest of ten percent (10%) per annum thereafter.

So Ordered,

Anthony D. Truglia, Jr., J.

FOOTNOTES

FN1. Prejudgment interest was calculated as follows:  one year of interest at 10%, from July 16, 2012 through July 15, 2013, or $2,000.00, plus 100 days of per diem interest of $5.48 per day from July 16, 2013 through October 23, 2013, or $548.00, for a total of $2,548.00..  FN1. Prejudgment interest was calculated as follows:  one year of interest at 10%, from July 16, 2012 through July 15, 2013, or $2,000.00, plus 100 days of per diem interest of $5.48 per day from July 16, 2013 through October 23, 2013, or $548.00, for a total of $2,548.00.

Truglia, Anthony D., J.