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Post judgment interest accrual and calculation can be a complex and nuanced topic.
In the United States, post judgment interest typically begins to accrue on the date of the judgment, as stated in the article section that discusses the federal interest rate.
The interest rate used to calculate post judgment interest is usually the rate in effect at the time of the judgment, which can be found in the relevant article section.
For example, if a judgment is entered on January 1st, 2022, the interest rate used to calculate post judgment interest would be the rate in effect on that date.
Post judgment interest is calculated annually, so it's essential to understand how it's calculated to avoid any confusion.
Postjudgment
Postjudgment interest is a crucial aspect of the judgment process. It accrues on the entire amount of the judgment, including pre-judgment interest and court costs.
In Texas, post-judgment interest is determined by TEX. FIN. CODE § 304.003. This code outlines three scenarios for calculating post-judgment interest.
To calculate post-judgment interest, you'll need to count the number of days between the judgment being rendered and the date set by the court. You can then multiply the number of days by the appropriate rate.
The prime rate is a key factor in determining post-judgment interest in Texas. According to TEX. FIN. CODE § 304.003, the prime rate as published by the Board of Governors of the Federal Reserve System on the date of computation is used to calculate post-judgment interest.
Here are the three scenarios for calculating post-judgment interest in Texas:
Post-judgment interest compounds annually, meaning it's added to the original judgment amount each year. This can result in a significant increase in the total amount owed.
California Money Judgment
In California, a money judgment accrues interest at a rate of 10% per year on the principal amount.
The interest begins to accrue on the day the final judgment is entered, so it's essential to keep track of the date.
If partial payments are made, they are first applied to the accrued interest and then to the unpaid principal.
To calculate the interest, you need to determine the daily amount of interest, which is the annual interest divided by 365 days.
For example, if you have a $10,000 judgment with a 10% interest rate, the daily interest rate would be $2.73 per day.
When a payment is made, you first apply it to the accrued interest, and then to the unpaid principal.
Let's say after 145 days, $395.85 of interest has accrued on the $10,000 judgment, and the debtor pays $2,000. You would pay the accrued interest first, leaving $1,604.15 to apply to the unpaid principal.
This process is repeated for each payment made, with the new daily interest rate recalculated based on the remaining principal amount.
For instance, after a $750 payment is made 215 days later, you would pay the accrued interest first, leaving $255.50 to apply to the unpaid principal.
Understanding Judgments
Interest on a judgment can be a complex topic, but understanding the basics can help you navigate the process. In California, interest begins to accrue on the day the final judgment is entered.
Interest is designed to make the plaintiff whole for the full value of money they should have had since a wrong was committed. This is known as "pre-judgment interest." Post-judgment interest, on the other hand, covers the period from when the plaintiff wins their lawsuit to when they collect their compensation.
To calculate interest, you'll need to determine the daily amount of interest. For example, a $10,000 judgment accrues $1,000 of interest per year at a rate of 10 percent. Dividing $1,000 by 365 days gives you a daily interest rate of $2.73.
Content of Court Judgments
A court judgment is essentially a formal order from a court that requires one party to pay a certain amount of money to another party. This amount includes both the principal amount owed and any interest that has accrued.
Interest on a court judgment can be a significant component, and it's essential to understand how it's calculated. In California, for example, interest begins to accrue on the day the final judgment is entered.
The daily interest rate is calculated by dividing the annual interest rate by 365 days. For instance, if a $10,000 judgment accrues $1,000 of interest per year at a rate of 10 percent, the daily interest rate would be $2.73.
Partial payments are applied first to the accrued interest and then to the unpaid principal. This means that you'll need to pay the interest that has accumulated before you can apply the payment to the original amount owed.
In Texas, interest on a court judgment is designed to make the plaintiff whole for the full value of money they should have had since a wrong was committed. This is known as pre-judgment interest.
Post-judgment interest, on the other hand, covers the period from when the plaintiff wins their lawsuit to when they collect their compensation. Both pre-judgment and post-judgment interest are often applied in lawsuits in Texas.
Federal courts also apply interest on court judgments, with the rate determined by the weekly average 1-year constant maturity Treasury yield. This rate is published by the Board of Governors of the Federal Reserve System.
What Is Pre-Judgment?
Pre-judgment interest is a type of compensation allowed by law to make up for lost use of money due as damages during the time between when a claim accrues and when a judgment is made. This is according to the Texas Supreme Court's definition in Johnson & Higgins of Tex., Inc. v. Kenneco Energy, Inc.
The main purpose of pre-judgment interest is to encourage settlements and expedite trials by removing any incentive for defendants to delay. Courts have cautioned that it's meant to compensate the injured party, not punish the defendant.
There are three grounds for an award of pre-judgment interest: a contract that provides for interest, an enabling statute, and general principles of equity.
Here are the three grounds for an award of pre-judgment interest:
- A contract, if it provides for interest
- An enabling statute
- General principles of equity
Some types of cases, like wrongful death, personal injury, and property damage cases, are covered by statutory pre-judgment interest provisions. However, Texas courts have also expanded the concept to other types of lawsuits not covered by statute.
Sources
- https://casetext.com/analysis/when-does-postjudgment-interest-start-to-accrue
- https://www.dhollanderlaw.com/faqs/post-judgment-interest/
- https://kpsds.com/corporate-business-law/moving-forward-from-judgment-day-post-judgment-interest
- https://statutes.capitol.texas.gov/GetStatute.aspx
- https://kretzerfirm.com/judgement-calculator/
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