Nebraska Revised Statute 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.

Source

Annotations

  • Judgment interest accrues on the judgment, even if that judgment is made up in part of interest already accrued. Heritage Bank v. Bruha, 283 Neb. 263, 812 N.W.2d 260 (2012).

  • This 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).

  • The court did not err in awarding postjudgment interest on the wife's fixed dollar amount share of her husband's profit-sharing plan from the date of entry of the decree, even though the qualified domestic relations order called for by the decree was not entered for over 2 years. Fry v. Fry, 18 Neb. App. 75, 775 N.W.2d 438 (2009).

  • 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).