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

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Multi-State
Control #:
US-03268BG
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Word; 
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Description

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

A Missouri judgment is valid for ten (10) years from the latter of (1) the date of entry of the judgment or (2) the date that a plaintiff last successfully tried to execute on the judgment as reflected by a Court record.

Interest on a court judgment that a creditor, usually the plaintiff in the case, can collect from the debtor, usually the defendant, from time the judgment is entered in the court clerk's record until the judgment is paid.

Payments on a judgment are applied, in order of priority, to post judgment costs, post judgment interest, then the judgment balance. In all non-tort Missouri cases, post judgment interest shall be allowed on the judgment at the rate of nine percent per year.

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

Missouri law stipulates that interest rates on debt may not exceed 9 percent without an agreement to a higher rate.

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%.

In Missouri, post-judgment interest is governed by section 408.040 of the Missouri Revised Statutes. This section distinguishes between tort and non-tort actions. In tort actions, such as this case, the post-judgment interest rate is the federal funds rate plus five percent.

? Creditors shall be allowed to receive interest at the rate of nine percent per annum, when no other rate is agreed upon, for all moneys after they become due and payable, on written contracts, and on accounts after they become due and demand of payment is made; for money recovered for the use of another, and retained ...

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