An Update of Appendices from Collecting Pre- and Post-judgment Interest in Colorado

• Publication year: 1986
• Pages: 990
• Citation: Vol. 15 No. 6 Pg. 990

15 Colo.Law. 990 Colorado Lawyer 1986.

1986, June, Pg. 990. An Update of Appendices from Collecting Pre- and Post-Judgment Interest in Colorado

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Cite">Vol. 15, No. 6, Pg. 990

An Update of Appendices from Collecting Pre- and Post-Judgment Interest in Colorado

by Gregory B. Cairns and John C. Tredennick, Jr

APPENDIX B: COLORADO INTEREST STATUTES CITATOR General Statutes

CRS SectionType of ClaimRatePeriod of Accrual

4-3-118Commercial Paper --- Ambiguous Terms and Rules of ConstructionUnless otherwise specified, judgment rate at place of paymentFrom date of instrument or, if undated, date of issue

4-3-122Commercial Paper---Accrual of Cause of ActionUnless instrument provides otherwise, at rate provided by law for judgmentFor a maker, acceptor or other primary obligor of demand instrument, from date of demand or date of accrual of cause of action

5-12-101Legal Rate8% per annum compounded annuallyN/A

5-12-102(1)Money or Property Wrongfully WithheldBenefit to defendant or 8% compounded annuallyDate of wrongful withholding to date of payment or to date judgment is entered, whichever first occurs

5-12-102(2)Moneys Due on Instrument of Writing, Mutual Settlement of Accounts or Account8% per annum compounded annually*Date moneys become due

5-12-102(4)Post-Judgment Interest (Judgment not Appealed)Unless instrument provides otherwise, 8% compounded annuallyDate judgment entered until paid

5-12-103Stipulated and Usury RateStipulated by choice with 45% annum maximum limitN/A

5-12-106Post-Judgment Interest (Judgment Appealed)Unless instrument provides otherwise, two percentage points above "discount rate"** compounded annuallyDate of entry of judgment in trial court until satisfied

5-13-101 to 5-13-105Federal Pre-emption of Usury Laws---State OverrideAll rates for mortgages, business, agricultural and other types of loans are governed by state, not federal, lawN/A

6-10-124Assignment for Benefit of Creditors---Debts not DueN/ATo date of assignment and not afterwards

8-52-109(2)Workmen's Compensation8% per annum; at discretion of Director of Div. of Labor, interest after date of order may be waivedDate fixed by Director of Div. of Labor at time of award to payment

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8-79-101Past Due Unemployment Compensation Fund TaxesBefore 10/1/83---9% per annum (3/4 of 1% per month); on & after 10/1/83---18% per annum (1/2% per month)Due & payable until payment plus accrued interest is received by Div. of Labor

10-4-708Property and Casualty Insurance---Overdue Benefits18% per annumFrom the date benefits in controversy were due until paid in full

11-51-125Violation of Security Laws"Statutory Rate"From the date of disposition

13-21-101Personal Injury9% per annumAfter July 1, 1979, from date action accrued to satisfaction; compound from date filed

14-14-106Child Support EnforcementStatutory rate per annum on any arrearages and child support yet due; interest may be waived by judgment creditorAs provided by court order

26-2-128(1)Welfare Payments Fraudulently ObtainedLegal Rate (8% per annum)Date excess payment obtained until sum...