New Mexico 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

Post-judgment interest rate: 10.10% (the amount of post judgment interest is set by Rule 36.7 of the Uniform Civil Procedure Rules 2005).

A party that has filed a motion for extension of time must file a notice of appeal within thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice even if the motion for extension of time remains pending. The district court may grant the motion retroactively.

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%.

One way to collect upon a judgment in New Mexico is to obtain a judgment lien A judgment lien gives the creditor the right to be paid a certain amount of money from proceeds from the sale of the debtor's property. The judgment creditor will need to identify where the defendant (now the judgment debtor) has property.

Rule 1-056 - Summary judgment A. For claimant. A party seeking to recover upon a claim, counterclaim or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.

If the money judgment was passed in a case involving tortious conduct, bad faith or intentional or willful acts the interest will be 15 percent. If the money judgment was passed on a written contract with a different rate of interest, the interest on judgment will be the same as that in contract.

Rule 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...

As of January 1, 2023, predatory lending is outlawed in New Mexico and the maximum annual interest rate allowed on small loans is capped at 36%. (Loans of less than $500 may be subject to an additional one-time origination fee of 5%.)

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