Discover Bank v. Mayer
127 Conn. App. 813
| Conn. App. Ct. | 2011Background
- Mayer opened a Discover Bank credit card account and accrued a balance of $13,334.05.
- Discover Bank filed suit on November 4, 2009 to collect the balance.
- Complaint sought damages, costs, contractual interest, and postjudgment interest under § 37-3a.
- A default judgment was entered February 23, 2010, requiring weekly payments of $35 plus $352 costs; postjudgment interest was denied.
- Plaintiff appealed and sought articulation; the trial court’s articulation cited three grounds for denial: discretionary nature of § 37-3a postjudgment interest, O’Hara v. State, and equity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 52-356d(e) mandates automatic postjudgment interest. | Mayer: § 52-356d(e) makes accrual automatic. | Mayer: language requires ongoing accrual from an existing interest award. | No; accrual follows an existing § 37-3a award, discretionary, not automatic. |
| Whether the denial of postjudgment interest was proper given installment payments. | Discover asserts automatic accrual despite installments. | Court may deny postjudgment interest; discretion applies. | Discretionary denial affirmed; no abuse of discretion shown. |
Key Cases Cited
- Urich v. Fish, 112 Conn.App. 837 (2009) (discretionary nature of postjudgment interest; authority under § 37-3a)
- TDS Painting & Restoration, Inc. v. Copper Beech Farm, Inc., 73 Conn.App. 492 (2002) (postjudgment interest discretionary; equitable considerations)
- American Promotional Events, Inc. v. Blumenthal, 285 Conn. 192 (2008) (statutory interpretation guiding § 1-2z and related statutes)
- O’Hara v. State, 218 Conn. 628 (1991) (supports discretionary view of postjudgment interest)