Tennessee 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

The interest that a creditor, usually a plaintiff in the case, is entitled to collect, derived from the amount of a judgment, which compensates the creditor for an injury which occurred before the judgment.

The rate of interest used in calculating the amount of post-judgment interest is the weekly average 1-year constant maturity (nominal) Treasury yield, as published by the Federal Reserve System each Monday for the preceding week (unless that day is a holiday in which case the rate is published on the next business day) ...

The Law. Pre-judgment interest is interest that is added to a plaintiff's monetary award in respect of past losses suffered prior to the date judgment is pronounced. Pre-judgment interest may be awarded by statute.

It does not apply to judgments awarded in federal court ? even where the underlying substance of the lawsuit is governed by California law. The effects of this distinction can be substantial.

Interest accrues on an unpaid judgment amount at the legal rate of 10% per year (7% if the judgment debtor is a state or local government entity) generally from the date of entry of the judgment.

This is because prejudgment interest can add up, particularly as cases can often take a year or two or longer to get through trial. For example, a one million dollar judgment would accrue $100,000 in interest every year at the "legal rate" of 10%.

Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.

?It is well settled that prejudgment interest is a substantive aspect of a plaintiff?s claim, rather than a merely procedural mechanism.? In re Exxon Valdez, 484 F.

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