Printable Format16-204. Interest on judgments. Except as otherwise provided in accordance with law, and including any judgment rendered on or after July 1, 1973, against the state or any agency or political subdivision of the state:
(a) Any judgment rendered by a court of this state before July 1, 1980, shall bear interest as follows:
(1) On and after the day on which the judgment is rendered and before July 1, 1980, at the rate of 8% per annum;
(2) on and after July 1, 1980, and before July 1, 1982, at the rate of 12% per annum;
(3) on and after July 1, 1982, and before July 1, 1986, at the rate of 15% per annum; and
(4) on and after July 1, 1986, at the rate provided by subsection (e).
(b) Any judgment rendered by a court of this state on or after July 1, 1980, and before July 1, 1982, shall bear interest as follows:
(1) On and after the day on which the judgment is rendered and before July 1, 1982, at the rate of 12% per annum;
(2) on and after July 1, 1982, and before July 1, 1986, at the rate of 15% per annum; and
(3) on and after July 1, 1986, at the rate provided by subsection (e).
(c) Any judgment rendered by a court of this state on or after July 1, 1982, and before July 1, 1986, shall bear interest as follows:
(1) On and after the day on which the judgment is rendered and before July 1, 1986, at the rate of 15% per annum; and
(2) on and after July 1, 1986, at the rate provided by subsection (e).
(d) Any judgment rendered by a court of this state on or after July 1, 1986, shall bear interest on and after the day on which the judgment is rendered at the rate provided by subsection (e).
(e) (1) Except as otherwise provided in this subsection, on and after July 1, 1996, the rate of interest on judgments rendered by courts of this state pursuant to the code of civil procedure shall be at a rate per annum: (A) Which shall change effective July 1 of each year for both judgments rendered prior to such July 1 and judgments rendered during the twelve-month period beginning such July 1; and (B) which is equal to an amount that is four percentage points above the discount rate (the charge on loans to depository institutions by the New York federal reserve bank as reported in the money rates column of the Wall Street Journal) as of July 1 preceding the date the judgment was rendered. The secretary of state shall publish notice of the interest rate provided by this subsection (e) (1) not later than the second issue of the Kansas register published in July of each year.
(2) On and after the effective date of this act, the rate of interest on judgments rendered by courts of this state pursuant to the code of civil procedure for limited actions shall be 12% per annum.
(3) On and after July 1, 1996, it shall be presumed that applying interest at the rate of 10% per annum will result in the correct total of interest accrued on any judgments, regardless of when the judgments accrued, arising from a person's duty to support another person. The burden of proving that a different amount is the correct total shall lie with any person contesting the presumed amount.
History: L. 1889, ch. 164, § 4; R.S. 1923, 41-104; L. 1969, ch. 114, § 1; L. 1973, ch. 84, § 1; L. 1980, ch. 74, § 2; L. 1982, ch. 88, § 1; L. 1986, ch. 89, § 1; L. 1996, ch. 229, § 160; July 1.
Source or prior law:
L. 1863, ch. 33, § 4; G.S. 1868, ch. 51, § 5; K.S.A. 41-104.
Law Review and Bar Journal References:
Interest on a modified judgment, 14 W.L.J. 400 (1975).
“Professional Liability Insurance; Implication of Termination,” Wayne T. Stratton, 77 J.K.M.S. 255, 257 (1976).
“New Kansas Usury Laws and Interest Rate Regulation,” Robert G. Martin, 20 W.L.J. 572 (1981).
“Lessons of McGuire vs Sifers,” Richard Cordry, Vol. VIII, No. 1, J.K.T.L.A. 21 (1984).
“Little Used Procedures for Collecting Child Support and Maintenance,” Charles F. Harris, Vol. VIII, No. 5, J.K.T.L.A. 9 (1985).
“1988 Legislative Summary Part I,” Ron Smith, 57 J.K.B.A. No. 6, 31, 33, 35, 39 (1988).
“Survey of Kansas Law: Taxation,” Sandra Craig McKenzie, Eric B. Milstead, 37 K.L.R. 961, 963 (1989).
“Interest on Legal Fees,” Calvin J. Karlin, 58 J.K.B.A. No. 5, 23 (1989).
“Enforcement Remedies of Workers’ Compensation Awards,” Beth Regier Foerster, J.K.T.L.A. Vol. XVI, No. 3, 6, 10 (1993).
“Liquidated Damages - When is the Claimant Entitled to Prejudgment Interest?” Mary E. Christopher and Michelle M. Watson, 74 J.K.B.A. No. 5, 14 (2004).
“2013 Legislative Session Report,” Callie Jill Denton, 36 J.K.A.J. No. 6 (2013).
CASE ANNOTATIONS
1. Judgment draws interest from date of rendition. National Bank v. Turner, 3 K.A. 352, 356, 42 P. 936.
2. Forfeiture of usurious interest; judgment rendered on debt bears interest. Shafer v. National Bank, 53 K. 614, 36 P. 998.
3. Wrongful conversion of mortgaged property; judgment bears only statutory interest. Johnson v. Oil Well Supply Co., 85 K. 507, 512, 117 P. 1022.
4. Holder of judgment entitled to interest by operation of law. Roe v. Snattinger, 91 K. 567, 568, 138 P. 581.
5. Sale of chattel-mortgaged property; judgment bears six percent interest. Bank v. George, 105 K. 129, 130, 133, 181 P. 574.
6. Judgment against county does not bear interest. Salthouse v. McPherson County, 115 K. 668, 673, 224 P. 70.
7. Party entitled to have amount of interest expressly recited in judgment. Priest v. Life Insurance Co., 117 K. 1, 5, 230 P. 529. Modified: 119 K. 23, 237 P. 938.
8. Court may at subsequent term increase judgment to include interest. Beeler v. Continental Insurance Co., 125 K. 441, 265 P. 57.
9. Cited in determining rate of interest permitted. McDermott v. Sterling, 133 K. 521, 522, 1 P.2d 78.
10. Right to interest on modified judgment held waived under facts stated. Turner v. George Rushton Baking Co., 139 K. 425, 32 P.2d 198.
11. Award of compensation to workman is not money judgment hereunder. Woods v. Jacob Dold Packing Co., 141 K. 748, 749, 43 P.2d 786.
12. Judgment for past-due child support installments is within section. Davis v. Davis, 148 K. 211, 212, 213, 81 P.2d 55.
13. Interest allowed on judgment for money advanced from date of judgment. Mills v. Shepherd, 159 K. 668, 673, 157 P.2d 533.
14. There can be no compounding of the simple interest rates hereunder. Hamilton v. Netherton, 194 K. 683, 685, 401 P.2d 657.
15. State not bound by burden of interest on judgment, since state not expressly included. Brown v. State Highway Commission, 206 K. 49, 51, 476 P.2d 233.
16. Mentioned in construing a will. In re Estate of Showers, 207 K. 268, 271, 485 P.2d 299.
17. Interest accrues against insurer from date of judgment against insured. Stamps v. Consolidated Underwriters, 208 K. 630, 636, 493 P.2d 246.
18. Specific reference to interest on eminent domain judgments controls over general provision. Schwartz v. Western Power & Gas Co., Inc., 208 K. 844, 850, 851, 494 P.2d 1113.
19. Amendment to section given prospective application only. Maxwell v. Redd, 209 K. 264, 272, 496 P.2d 1320.
20. Construed; statutory interest rate applies only to judgments entered after effective date of statute. Barlett v. Heersche, 209 K. 369, 372, 374, 376, 496 P.2d 1314.
21. In bankruptcy proceeding cross-appellant waived right to eight percent interest when it failed to raise claim in petition for review. Feaster Trucking Service, Inc. v. Kindsvater, Inc., 460 F.2d 180, 184.
22. Amendment to section not given retrospective effect and does not change rate of interest prior to judgment. Lippert v. Angle, 211 K. 695, 703, 508 P.2d 920.
23. Judgment modified on appeal; prejudgment interest and interest of modified judgment determined. Lippert v. Angle, 215 K. 626, 627, 527 P.2d 1016.
24. Interest recoverable from Kansas Public Employees Retirement System where benefits wrongfully withheld from member’s beneficiary. Shapiro v. Kansas Public Employees Retirement System, 216 K. 353, 355, 358, 532 P.2d 1081.
25. Section applied; class entitled to interest upon judgment. Helmley v. Ashland Oil, Inc., 1 K.A.2d 532, 539, 571 P.2d 345.
26. Section cited; class action proper. Shutts, Executor v. Phillips Petroleum Co., 222 K. 527, 569, 567 P.2d 1292.
27. Post judgment interest at contract rate improperly allowed against defendants not parties to contract. Sanders v. Park Towne, Ltd., 2 K.A.2d 313, 321, 578 P.2d 321.
28. To avoid accrual of interest on appeal, judgment debtor must tender amount of judgment or pay the amount into court. Schaefer & Associates v. Schirmer, 3 K.A.2d 114, 119, 590 P.2d 1087.
29. Proper statute to be applied in inverse condemnation proceedings. Herman v. City of Wichita, 228 K. 63, 69, 612 P.2d 588.
30. Distribution of interest on prejudgment escrowed funds discussed. Marcotte Realty & Auction, Inc. v. Schumacher, 229 K. 252, 268, 624 P.2d 420.
31. In the absence of an agreement to pay interest, the seller is only entitled to statutory interest provided under this section before judgment and under 16-204 after judgment. Jerry L. Phillips v. Ratley, 6 K.A.2d 157, 162, 627 P.2d 339.
32. Determination of postjudgment interest rate on award for condemnation for public utility transmission line. Meinhardt v. Kansas Power & Light Co., 8 K.A.2d 471, 473, 661 P.2d 820 (1983).
33. Interest payable to appellee/royalty owners limited by corporate undertaking until judgment; provisions hereof thereafter applicable. Shutts v. Phillips Petroleum Co., 235 K. 195, 224, 679 P.2d 1159 (1984).
34. Interest limited to statutory rates where relief arises from statutory right under mechanic’s lien. Scott v. Strickland, 10 K.A.2d 14, 25, 691 P.2d 45 (1984).
35. Where trial court erred in holding loan interest abated, postjudgment interest is applicable. Ram Co. v. Estate of Kobbeman, 236 K. 751, 763, 696 P.2d 936 (1985).
36. Cited; no statutory provision for payment of interest on wrongfully assessed mortgage registration fees. City of Lenexa v. Board of Johnson County Comm’rs, 237 K. 782, 787, 703 P.2d 800 (1985).
37. Postjudgment interest in multistate class action on suspended oil and gas royalties determined. Shutts v. Phillips Petroleum Co., 240 K. 764, 802, 732 P.2d 1286 (1987).
38. In multistate class action suit for interest on suspended royalties, interest calculated at statutory rate for each state where royalties produced. Wortman v. Sun Oil Co., 241 K. 226, 229, 734 P.2d 1190 (1987).
39. Cited; computation of interest based on URESA child support order (23-451 et seq.) and prior divorce decree award examined. Wornkey v. Wornkey, 12 K.A.2d 506, 514, 749 P.2d 1045 (1988).
40. Error to allow prejudgment interest at judgment rate permitted herein; prejudgment interest governed by 16-201. Farmers State Bank v. Production Cred. Ass’n of St. Cloud, 243 K. 87, 102, 755 P.2d 518 (1988).
41. Statute provides for interest on any judgment rendered by a court in this state. In re Conservatorship of L.M.S., 12 K.A.2d 725, 730, 755 P.2d 22 (1988).
42. Nonliability of workers compensation fund for postjudgment interest on reimbursement payments to employer or insurance carrier examined. Wrex v. T.G.&Y., 13 K.A.2d 241, 242, 766 P.2d 1294 (1989).
43. Statute authorizes assessment of postjudgment interest against state and political subdivisions where tax refund ordered pursuant to 79-2005. Greenhaw v. Board of Johnson County Comm’rs, 245 K. 67, 74, 774 P.2d 956 (1989).
44. Inherent authority of KCC to impose statutory interest rate on refunds ordered examined. Kansas Gas & Electric Co. v. Kansas Corp. Comm’n, 14 K.A.2d 527, 794 P.2d 1165 (1990).
45. 40-447 discussed and held not to apply to postjudgment interest; case remanded for determination pursuant hereto. Evans v. Provident Life & Accident Ins. Co., 15 K.A.2d 97, 111, 113, 803 P.2d 1033 (1991); 249 K. 248, 260, 815 P.2d 550 (1991).
46. County was liable for postjudgment interest exceeding statutory KTCA (75-6101 et seq.) cap. Wilmer v. Board of Co. Com’rs., 916 F.Supp. 1079, 1080 (1996).
47. State statutory interest rate applied to condemnation award to landowner from natural gas pipeline company. Spears v. William Natural Gas Co., 932 F.Supp. 259, 260 (1996).
48. Court may, but is not required to, award interest on award of marital property. In re Marriage of Roth, 28 K.A.2d 45, 11 P.3d 514 (2000).
49. Remanded for determination of interest rates to be applied for prejudgment and postjudgment assessments. ARY Jewelers, L.L.C. v. Krigel, 277 K. 464, 85 P.3d 1151 (2004).
50. Mentioned regarding statutory right to receive interest on unpaid portions of judgments. Haley v. Brown, 35 K.A.2d 761, 766, 135 P.3d 169 (2006).
51. General rule is that postjudgment interest is not waived by a failure to request it in the pleadings. Bluestem Telephone Co. v. Kansas Corporation Commission, 38 K.A.2d 1092, 1095 to 1097, 1099, 176 P.3d 231 (2008).
52. Award of interest upheld which equated to the rate on borrowed funds. In re Metcalf Assocs.-2000, 42 K.A.2d 412, 213 P.3d 751 (2009).