Is a creditor entitled to claim damages from a plaintiff for emotional distress?
California, United States of America
The following excerpt is from Trapp v. U.S. Bank Nat'l Associaton, E059909 (Cal. App. 2015):
Regarding plaintiffs' claim that defendants' actions resulted in plaintiffs' emotional distress, we agree with defendants that creditors in pursuit of debtors may use permissible legal remedies to pursue their economic interests in collecting a debt or foreclosing on their security for their loan regardless of the distress caused by their legal actions. (Kruse v. Bank of America (1988) 202 Cal.App.3d 38, 67 ["A party is not
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