Post-Judgment Interest Rates in Tennessee Have Finally Increased (by .25%)

Back in July 2012, the Tennessee legislature passed a new “post-judgment” interest statute, which can be found at Tenn. Code Ann. § 47-14-121. As I said back then, it was a big change: Instead of a blanket “10%” rate, Tennessee would be using a variable rate, tied to the “formula rate published by the commissioner of financial institutions.”

Long story short: I hate it when the law replaces something simple with something complicated.

Since the enactment of the statute, the post-judgment interest rate has been 5.25%, until January 1, 2016, when it jumped up to 5.5%.

The sky has not yet fallen, however, like I said it would. My biggest concern was: “[t]here appears to be an obligation to research and modify the rate every six months. Payoffs just got a lot more difficult.” I don’t like math.

After a few years with the statute, I’m of the opinion that the interest rate on a judgment is set at the date of the judgment and then doesn’t change. As a result, there’s no need to track the ups and downs of the statutory rate.

But, to be entirely safe, I always recite the exact post-judgment rate in effect at the time of my judgment in my judgment, to save any confusion and subsequent research.

Unknown's avatar

Author: David

I am a creditors rights and commercial litigation attorney in Nashville, Tennessee.

One thought on “Post-Judgment Interest Rates in Tennessee Have Finally Increased (by .25%)”

  1. Can you answer this question. Lets say a judgement was decided of $163,000 back in Sept. 2016 (Property/trust fraud case). The interest rate was 5.5% according to your post. Nothing has been paid on the judgment as of today. Does the interest rate stay at 5.5% or does it increase as time goes on (as it seems to be around 10% currently?).

    Thank you for any clarification you can offer.

    Micki Cavanah

Leave a reply to Micki Cavanah Cancel reply