Massachusetts Motion for Interest on an Affirmed Judgment of a Federal District Court

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US-03268BG
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28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.

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FAQ

LOCAL RULE 7.2 IMPOUNDED AND CONFIDENTIAL MATERIALS Any document presented for filing under seal, without a motion to seal, will be returned to the filing party.

Judgment rates are rates that are established by judgment of an underwriter rather than by a rating authority.

Massachusetts case law indicates that a motion for judgment on the pleadings will be treated as a motion to dismiss for failure to state a claim BUT only where a party has failed to timely assert the failure to state a claim defense.

When a party brings a claim originally in a federal district court, then either party can appeal the outcome of the trial to a federal circuit court, and, after the circuit court rules, either party can appeal to the US Supreme Court, although the Supreme Court has discretion on whether to hear it (more on that below).

By statute, the clerk in any case is required to add interest to any judgment or verdict issued by a Massachusetts state court. For contract actions (G.L. c. 231, §6C), the rate of interest is either the interest rate in the contract or, if the contract does not have one (or the contract is oral), the rate of 12%.

Calculating interest owed You input the judgment amount, date, and payment history, and the program does all the calculations for you. The calculator has the interest rate set at 10%.

Massachusetts has passed a number of laws designed to protect consumers and borrowers from exploitative lenders. These usury laws (also known as interest rate limits) are common throughout the country. In Massachusetts, the maximum amount of interest a borrower can charge is 6%.

When and at what rate do judgment debts attract interest? Judgment debts accrue simple interest at a rate of 8% a year until payment, unless rules of court provide otherwise, pursuant to section 17 of the Judgments Act 1838 (JA 1838) and the Judgment Debts (Rate of Interest) Order 1993, SI 1993/564.

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Massachusetts Motion for Interest on an Affirmed Judgment of a Federal District Court