Green v. DECATUR FEDERAL SAVINGS & LOAN ASSOCIATION

Deen, Presiding Judge.

1. This is a declaratory judgment action seeking to have a promissory note in the principal sum of $55,000 with interest at 10 percent per annum, secured by real estate, declared usurious. The complaint was filed on September 3 and served on the defendant September 10, 1976. The answer was filed October 11, October 10,1976, being a Sunday. The defendant was not in- default. Code §§ 81A-112 (a), 102-102 (8), 81A-106 (a). Declaratory judgment actions are covered by the time limits stated in the Civil Practice Act.

2. The 10 percent interest rate would normally be usurious…