Business Disputes

In Seitz v. Lamar Savings Association, 618 S.W.2d 142 (Tex. Civ. App. -- Austin 1981, no writ), the firm represented a borrower in a successful usury claim against a financial institution. At issue was the lender's assertion of defense of unintentional bona fide error under the usury statute. In its opinion, the court adopted the firm's argument that to avail itself of the defense the lender must establish and maintain a safety catch or preventative mechanism to avoid bona fide errors and that these mechanisms must be followed "time in and time out".