45-103.01 Postjudgment interest; accrual; when. - Nebraska Statutes

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Statutes > Nebraska > Chapter45 > 45-103_01

45-103.01. Postjudgment interest; accrual; when.Interest as provided in section 45-103 shall accrue on decrees and judgments for the payment of money from the date of entry of judgment until satisfaction of judgment. SourceLaws 1986, LB 298, § 2; Laws 1994, LB 1183, § 2; Laws 1999, LB 43, § 20. AnnotationsThis section allows parties to contractually agree to a rate of postjudgment interest and does not impose additional conditions for the recovery of such interest. Folgers Architects v. Kerns, 262 Neb. 530, 633 N.W.2d 114 (2001).Interest accrues from the date the original judgment is due, regardless of whether an appeal is taken prior to that date. Gallner v. Gallner, 257 Neb. 158, 595 N.W.2d 904 (1999).Based on the mandatory language contained herein, a court of equity does not have discretion to withhold interest on decrees or judgments for the payment of money. Welch v. Welch, 246 Neb. 435, 519 N.W.2d 262 (1994).When a judgment is modified upon appeal, interest runs on the full amount of the judgment as modified from the date the original judgment was rendered by the trial court. Ramaekers, McPherron & Skiles v. Ramaekers, 4 Neb. App. 733, 549 N.W.2d 662 (1996).

State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-103_01

45-103.01. Postjudgment interest; accrual; when.Interest as provided in section 45-103 shall accrue on decrees and judgments for the payment of money from the date of entry of judgment until satisfaction of judgment. SourceLaws 1986, LB 298, § 2; Laws 1994, LB 1183, § 2; Laws 1999, LB 43, § 20. AnnotationsThis section allows parties to contractually agree to a rate of postjudgment interest and does not impose additional conditions for the recovery of such interest. Folgers Architects v. Kerns, 262 Neb. 530, 633 N.W.2d 114 (2001).Interest accrues from the date the original judgment is due, regardless of whether an appeal is taken prior to that date. Gallner v. Gallner, 257 Neb. 158, 595 N.W.2d 904 (1999).Based on the mandatory language contained herein, a court of equity does not have discretion to withhold interest on decrees or judgments for the payment of money. Welch v. Welch, 246 Neb. 435, 519 N.W.2d 262 (1994).When a judgment is modified upon appeal, interest runs on the full amount of the judgment as modified from the date the original judgment was rendered by the trial court. Ramaekers, McPherron & Skiles v. Ramaekers, 4 Neb. App. 733, 549 N.W.2d 662 (1996).

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State Codes and Statutes

Statutes > Nebraska > Chapter45 > 45-103_01

45-103.01. Postjudgment interest; accrual; when.Interest as provided in section 45-103 shall accrue on decrees and judgments for the payment of money from the date of entry of judgment until satisfaction of judgment. SourceLaws 1986, LB 298, § 2; Laws 1994, LB 1183, § 2; Laws 1999, LB 43, § 20. AnnotationsThis section allows parties to contractually agree to a rate of postjudgment interest and does not impose additional conditions for the recovery of such interest. Folgers Architects v. Kerns, 262 Neb. 530, 633 N.W.2d 114 (2001).Interest accrues from the date the original judgment is due, regardless of whether an appeal is taken prior to that date. Gallner v. Gallner, 257 Neb. 158, 595 N.W.2d 904 (1999).Based on the mandatory language contained herein, a court of equity does not have discretion to withhold interest on decrees or judgments for the payment of money. Welch v. Welch, 246 Neb. 435, 519 N.W.2d 262 (1994).When a judgment is modified upon appeal, interest runs on the full amount of the judgment as modified from the date the original judgment was rendered by the trial court. Ramaekers, McPherron & Skiles v. Ramaekers, 4 Neb. App. 733, 549 N.W.2d 662 (1996).