Pre and Post Judgment Interest Analysis Matrix 

     

    This by state Interest Matrix was developed in conjunction with the practice aid entitled Discount Rates, Risk, and Uncertainty in Economic Damages Calculations.  Its purpose is to address interest- related considerations that may be encountered while performing economic damages calculations, including:

    • Prejudgment Interest - A rate of interest applied to an award in litigation to compensate for the use of monies between a date before trial (for example, the date of the alleged harmful event or filing of a complaint) and the judgment date.

    • Post-Judgment Interest - A rate of interest applied to an award in litigation to compensate for the use of monies from the judgment date until payment is received.

    This non-authoritative guidance is intended to aid practitioners in the selection of an applicable rate for either or both of these measures.  It should not be considered legal advice and practitioners should communicate with counsel as to the applicability of interest, the appropriateness of the selected rate, the time period for which interest is computed, and the method in which interest is calculated and applied (for example, whether on a simple or compound basis).  Further, in a breach of contract matter, this matrix should not be viewed as a substitute for a rate of interest specified in the contract.
    These interest rates are presented state-by-state.  While we anticipate that this matrix will be updated at least annually, it is current at least as of the Last Updated date reflected in the matrix.  If you identify any discrepancies in the provided information, we encourage you to notify the AICPA Staff at bandrews@aicpa.org .

    The following example provides an illustration of these concepts with the following assumptions (see also Figure 6.1 of the above-referenced practice aid):

    Consideration Assumption
    Damage methodology Ex-post
    Date of harmful event December 31, 2006
    Date of judgment June 1, 2009
    State California
    Pre-Judgment Interest Rate 10.0%
    Post Judgment Interest Rate (1-year constant maturity Treasury) 0.5%
    Methods of application: Pre-Judgment: Post-Judgment: Simple Compound (daily)

    These assumptions may be implemented as follows:



    The AICPA staff and this publisher make no representations, warranties, or guarantees about, and assume no responsibility for, the content or application of the material contained herein and expressly disclaim all liability for any damages arising out of the use of, reference to, or reliance on such material.

    This listing was last updated 2/1/2012



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    Customize the table below with a view of the full list, the pre-judgment matrix, the post-judgment matrix, or the state-specific matrix.


    Pre-Judgment or Post-Judgment
    State
    Rate of InterestFilterSourceFilter
    Post-JudgmentAlabama
    Same rate of interest as stated in said contract; all other judgments shall bear interest at the rate of 7.5%
    Post-JudgmentAlaska
    (a) Notwithstanding AS 45.45.010, the rate of interest on judgments and decrees for the payment of money, including prejudgment interest, is three percentage points above the 12th Federal Reserve District discount rate in effect on January 2 of the year in which the judgment or decree is entered, except that a judgment or decree founded on a contract in writing, providing for the payment of interest until paid at a specified rate not exceeding the legal rate of interest for that type of contract, bears interest at the rate specified in the contract if the interest rate is set out in the judgment or decree
    Alaska Stat. § 09.30.070
    Post-JudgmentArizona
    Unless specifically provided for in statute or a different rate is contracted for in writing, interest on any judgment shall be at the lesser of ten per cent per annum or at a rate per annum that is equal to one per cent plus the prime rate as published by the board of governors of the federal reserve system in statistical release H.15 or any publication that may supersede it on the date that the judgment is entered. The judgment shall state the applicable interest rate and it shall not change after it is entered
    AZ Statutes 44.1201
    Post-JudgmentArkansas
    Interest on a judgment entered by a circuit court on a contract shall bear interest at the rate provided by the contract or 10% per annum, whichever is greater, and on any other judgment at 10% per annum.
    Arkansas Code Title 16 Subtitle 5 Chapter 65 Subchapter 1 - § 16-65-114
    (http://law.justia.com/codes/arkansas/2010/title-16/subtitle-5/chapter-65/subchapter-1/16-65-114/)
    Post-JudgmentCalifornia
    The rate of interest upon a judgment rendered in any court of this State shall be set by the Legislature at not more than 10% per annum. Such rate may be variable and based upon interest rates charged by federal agencies or economic indicators, or both.

    In the absence of the setting of such rate by the Legislature, the rate of interest on any judgment rendered in any court of the State shall be 7% per annum.
    California Constitution Article 15
    (http://www.leginfo.ca.gov/.const/.article_15)
    Post-JudgmentColorado
    If there is no agreement or provision of law for a different rate, the interest on money shall be at the rate of 8% per annum, compounded annually.
    Colorado Revised Statutes §5-12-101 to 103
    (http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm)
    Post-JudgmentConnecticut
    Sec. 37-3a. Rate recoverable as damages. Rate on debt arising out of hospital services. (a) interest at the rate of 10% a year, and no more, may be recovered and allowed in civil actions or arbitration proceedings under chapter 909

    General Statutes of Connecticut Chapter 673 Section 37-1 and 37-3b
    (http://www.cga.ct.gov/2011/pub/chap673.htm#Sec37-1.htm)
    Post-JudgmentDelaware
    Any lender may charge and collect from a borrower interest at any rate agreed upon in writing not in excess of 5% over the Federal Reserve discount rate including any surcharge thereon, and judgments entered after May 13, 1980, shall bear interest at the rate in the contract sued upon. Where there is no expressed contract rate, the legal rate of interest shall be 5% over the Federal Reserve discount rate including any surcharge as of the time from which interest is due.
    Delaware Code Title 6 Subtitle II Chapter 23 § 2301
    (http://delcode.delaware.gov/title6/c023/index.shtml)
    Post-JudgmentFlorida
    On December 1 of each year, the Chief Financial Officer shall set the rate of interest that shall be payable on judgments or decrees for the year beginning January 1 by averaging the discount rate of the Federal Reserve Bank of New York for the preceding year, then adding 500 basis points to the averaged federal discount rate. The Chief Financial Officer shall inform the clerk of the courts and chief judge for each judicial circuit of the rate that has been established for the upcoming year. The interest rate established by the Chief Financial Officer shall take effect on January 1 of each following year. Judgments obtained on or after January 1, 1995, shall use the previous statutory rate for time periods before January 1, 1995, for which interest is due and shall apply the rate set by the Chief Financial Officer for time periods after January 1, 1995, for which interest is due. Nothing contained herein shall affect a rate of interest established by written contract or obligation.
    Post-JudgmentGeorgia
    All judgments in this state shall bear annual interest upon the principal amount recovered
    at a rate equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the day the judgment is entered plus 3%. If the judgment is rendered on a written contract or obligation providing for interest at a specified rate, the judgment shall bear interest at the rate specified in the contract or obligation.


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