Ballin v. Poston Home Care Center Co.

OPINION

GERALD T. BISSETT, Assigned Justice *.

Roland Ballin and wife, Debra Ballin, filed suit on December 3, 1984 against Po-ston Home Care Center Co. and its assign-ee, Associates Financial Services, Inc., to recover statutory penalties and attorney’s fees for alleged violations of the Texas Consumer Credit Code, TEX.REV.CIV. STAT.ANN. art. 5069-2.01 et seq., hereinafter the “Credit Code.” Specifically, the plaintiffs sought a recovery under §§ 8.01 and 8.02 of the Credit Code due to alleged usurious language contained in the “Contract for Labor and Materials and Deed of Trust” that they had…