Colorado Revised Statutes

Colo. Rev. Stat. § 5-12-102 (2026)

Statutory interest - definition

✓ current as of July 2026

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(1) Except as provided in section 13-21-101, C.R.S., when there is no agreement as to the rate thereof, creditors shall receive interest as follows:

(a) When money or property has been wrongfully withheld, interest shall be an amount which fully recognizes the gain or benefit realized by the person withholding such money or property from the date of wrongful withholding to the date of payment or to the date judgment is entered, whichever first occurs; or, at the election of the claimant.

(b) Interest shall be at the rate of eight percent per annum compounded annually for all moneys or the value of all property after they are wrongfully withheld or after they become due to the date of payment or to the date judgment is entered, whichever first occurs.

(2) When there is no agreement as to the rate thereof, creditors shall be allowed to receive interest at the rate of eight percent per annum compounded annually for all moneys after they become due on any bill, bond, promissory note, or other instrument of writing, or money due on mutual settlement of accounts from the date of such settlement and on money due on account from the date when the same became due.

(3) Interest shall be allowed as provided in subsection (1) of this section even if the amount is unliquidated at the time of wrongful withholding or at the time when due.

(4) Except as provided in section 5-12-106, creditors shall be allowed to receive interest on any judgment recovered before any court authorized to enter the same within this state from the date of entering said judgment until satisfaction thereof is made either:

(a) At the rate specified in a contract or instrument in writing which provides for payment of interest at a specified rate until the obligation is paid; except that if the contract or instrument provides for a variable rate, at the rate in effect under the contract or instrument on the date judgment enters; or

(b) In all other cases where no rate is specified, at the rate of eight percent per annum compounded annually.

(5) (a) The maximum rate of interest on medical debt is three percent per annum.

(b) As used in this subsection (5), "medical debt" has the meaning set forth in section 5- 16-103 (10.5).

Source: L. 71: R&RE, p. 852, § 1. C.R.S. 1963: § 73-12-102. L. 75: Entire section amended, p. 257, § 2, effective July 1. L. 79: Entire section R&RE, p. 315, § 2, effective June 20. L. 82: (4) amended, p. 227, § 2, effective January 1, 1983. L. 83: (4) amended, p. 394, § 1, effective July 1. L. 84: (4)(a) amended, p. 286, § 1, effective July 1. L. 2023: (5) added, (SB 23- 093), ch. 152, p. 643, § 1, effective May 4.

Notes of Decisions

Cited in 257 cases (33 in the last 5 years), 1975–2026 · leading case: Thompson v. Catlin Ins. Co., 2018 CO 95 (Colo. 2018).

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Thompson v. Catlin Ins. Co., 2018 CO 95 (Colo. 2018). · cites it 48× “3 Even if Petitioners didn't request prejudgment interest until this proceeding, it would make no difference because section 5-12-102 doesn't contain a pleading requirement.”

Mesa Sand & Gravel Co. v. Landfill, Inc., 776 P.2d 362 (Colo. 1989). · cites it 79× “(1987), a prevailing party may recover prejudgment interest under section 5-12-102. Section 5-12-102(1) provides: (1) Except as provided in section 13-21-101, C.”

Goodyear Tire & Rubber Co. v. Holmes, 193 P.3d 821 (Colo. 2008). · cites it 52× “Holmes also moved for prejudgment interest under section 5-12-102, C.R.S. (2008), as of the date of the installation of the hose in 1991, but the motion was denied.”

USAA v. Parker, 200 P.3d 350 (Colo. 2009). · cites it 33× “" Although prejudgment interest must therefore be calculated at nine percent per annum, rather than at the eight percent rate prescribed for other obligations, see § 5-12-102, C.R.S. (2008), postjudgment interest must similarly be calculated according to the statutory provisions…”

Harris Grp., Inc. v. Robinson, 209 P.3d 1188 (Colo. Ct. App. 2009). · cites it 9× “The award of prejudgment interest in this case is governed by section 5-12-102, C.R.S.2008. See, eg., Westfield Dev.”

Westfield Dev. Co. v. Rifle Inv. Assocs., 786 P.2d 1112 (Colo. 1990). · cites it 20× “the sale of real property should be the difference between the contract price and the fair market value of the property as of the date of the wrong; (3) whether the general partner of a limited partnership may be awarded damages for emotional distress in an action for…”

Old Repub. Ins. Co. v. Ross, 180 P.3d 427 (Colo. 2008). · cites it 19× “Next, because Old Republic did not make this interest payment pursuant to its CGL policy at the time it paid policy limits, the Rosses claimed that, pursuant to section 5-12-102, C.R.S. (2007), Old Republic owed additional statutory interest for "wrongfully withholding" the…”

Farmers Reservoir & Irrigation Co. v. City of Golden, 113 P.3d 119 (Colo. 2005). · cites it 13× “The right to recover prejudgment interest for damages other than those resulting from personal injuries is a matter of law determined under section 5-12-102. Bennett v. Greeley Gas Co.”

Cook v. Rockwell Int'l Corp., 564 F. Supp. 2d 1189 (D. Colo. 2008). · cites it 33× “While I agree that the Colorado statute governing prejudgment interest in personal injury actions does not apply, 27 I find the second potentially applicable statute, Colo.Rev. Stat. § 5-12-102, applies here and mandates that the judgment include prejudgment interest at the…”

I.M.A., Inc. v. Rocky Mountain Airways, Inc., 713 P.2d 882 (Colo. 1986). · cites it 10× “That statute provided: Creditors shall be allowed to receive interest, when there is no agreement as to the rate thereof, at the rate of eight percent per annum, for all moneys after they become due, on any bill, bond, promissory note, or other instrument of writing, or on any…”

Bowen v. Farmers Ins. Exch., 929 P.2d 14 (Colo. Ct. App. 1996). · cites it 30× “Bowen brought this action against Farmers for breach of contract and declaratory judgment and sought prejudgment interest pursuant to § 5-12-102(1), C.R.S. (1992 Repl. Vol. 2).”

Passarelli v. Schoettler, 742 P.2d 867 (Colo. 1987). · cites it 20× “5(4) violates article *872 XXI, section 4, of the Colorado Constitution.”

Show all 257 citing cases →

— Colo. Rev. Stat. § 5-12-102(1) — 50 cases

Thompson v. Catlin Ins. Co., 2018 CO 95 (Colo. 2018). “3 Even if Petitioners didn't request prejudgment interest until this proceeding, it would make no difference because section 5-12-102 doesn't contain a pleading requirement.”

Bowen v. Farmers Ins. Exch., 929 P.2d 14 (Colo. Ct. App. 1996). “Bowen brought this action against Farmers for breach of contract and declaratory judgment and sought prejudgment interest pursuant to § 5-12-102(1), C.R.S. (1992 Repl. Vol. 2).”

Jennings v. Ibarra, 921 P.2d 62 (Colo. Ct. App. 1996).

Safeco Ins. Co. v. Westport Ins. Corp., 214 P.3d 1078 (Colo. Ct. App. 2009).

Michaelson v. Michaelson, 884 P.2d 695 (Colo. 1994).

— Colo. Rev. Stat. § 5-12-102(1)(a) — 20 cases

Schuessler v. Wolter, 310 P.3d 151 (Colo. Ct. App. 2012).

Patterson v. BP Am. Prod. Co., 360 P.3d 211 (Colo. Ct. App. 2015).

USAA v. Parker, 200 P.3d 350 (Colo. 2009). “" Although prejudgment interest must therefore be calculated at nine percent per annum, rather than at the eight percent rate prescribed for other obligations, see § 5-12-102, C.R.S. (2008), postjudgment interest must similarly be calculated according to the statutory provisions…”

Hott v. Tillotson-Lewis Constr. Co., 682 P.2d 1220 (Colo. Ct. App. 1983).

— Colo. Rev. Stat. § 5-12-102(1)(a)(b) — 1 case

Antolovich v. Brown Grp. Retail, Inc., 183 P.3d 582 (Colo. Ct. App. 2007).

— Colo. Rev. Stat. § 5-12-102(1)(b) — 32 cases

Goodyear Tire & Rubber Co. v. Holmes, 193 P.3d 821 (Colo. 2008). “Holmes also moved for prejudgment interest under section 5-12-102, C.R.S. (2008), as of the date of the installation of the hose in 1991, but the motion was denied.”

Westfield Dev. Co. v. Rifle Inv. Assocs., 786 P.2d 1112 (Colo. 1990). “the sale of real property should be the difference between the contract price and the fair market value of the property as of the date of the wrong; (3) whether the general partner of a limited partnership may be awarded damages for emotional distress in an action for…”

Mesa Sand & Gravel Co. v. Landfill, Inc., 776 P.2d 362 (Colo. 1989). “(1987), a prevailing party may recover prejudgment interest under section 5-12-102. Section 5-12-102(1) provides: (1) Except as provided in section 13-21-101, C.”

In re the Marriage of Tognoni, 313 P.3d 655 (Colo. Ct. App. 2011).

Butler v. Lembeck, 182 P.3d 1185 (Colo. Ct. App. 2007).

— Colo. Rev. Stat. § 5-12-102(2) — 12 cases

SDI, Inc. v. Pivotal Parker Com., LLC, 339 P.3d 672 (Colo. 2014).

Karg v. Mitchek, 983 P.2d 21 (Colo. Ct. App. 1998).

Riva Ridge Apts. v. Robert G. Fisher Co., 745 P.2d 1034 (Colo. Ct. App. 1987).

Asphalt Paving Co. v. United States Fid. & Guar. Co., 671 P.2d 1013 (Colo. Ct. App. 1983).

MacK v. McKanna, 687 P.2d 1326 (Colo. Ct. App. 1984).

— Colo. Rev. Stat. § 5-12-102(3) — 11 cases

W.H. Woolley & Co. v. Bear Creek Manors, 735 P.2d 910 (Colo. Ct. App. 1986).

Riva Ridge Apts. v. Robert G. Fisher Co., 745 P.2d 1034 (Colo. Ct. App. 1987).

Murdock v. Cohen, 762 P.2d 691 (Colo. Ct. App. 1988).

Hott v. Tillotson-Lewis Constr. Co., 682 P.2d 1220 (Colo. Ct. App. 1983).

Karg v. Mitchek, 983 P.2d 21 (Colo. Ct. App. 1998).

— Colo. Rev. Stat. § 5-12-102(4) — 17 cases

In Re the Marriage of Rodrick, 176 P.3d 806 (Colo. Ct. App. 2007).

Kennedy v. King Soopers Inc., 148 P.3d 385 (Colo. Ct. App. 2006).

Farmers Reservoir & Irrigation Co. v. City of Golden, 113 P.3d 119 (Colo. 2005). “The right to recover prejudgment interest for damages other than those resulting from personal injuries is a matter of law determined under section 5-12-102. Bennett v. Greeley Gas Co.”

Barrett v. Inv. Mgmt. Consultants, Ltd., 190 P.3d 800 (Colo. Ct. App. 2008).

— Colo. Rev. Stat. § 5-12-102(4)(a) — 7 cases

Tatonka Capital Corp. v. Connelly, 390 F. Supp. 3d 1289 (D. Colo. 2019).

Duncan v. Nat'l Home Ins. Co., 36 P.3d 191 (Colo. Ct. App. 2001).

Sherman v. Sprentall, 709 P.2d 602 (Colo. Ct. App. 1985).

Dikeou v. Dikeou, 916 P.2d 601 (Colo. Ct. App. 1996).

Weston v. Mincomp Corp., 698 P.2d 274 (Colo. Ct. App. 1985).

— Colo. Rev. Stat. § 5-12-102(4)(b) — 9 cases

Butler v. Lembeck, 182 P.3d 1185 (Colo. Ct. App. 2007).

Peterman v. State Farm Mut. Auto. Ins. Co., 8 P.3d 549 (Colo. Ct. App. 2000).

Rodriguez v. Schutt, 914 P.2d 921 (Colo. 1996).

Farmers Ins. Exch. v. Taylor, 45 P.3d 759 (Colo. Ct. App. 2001).

Burlington N. R. Co. v. Whitt, 611 So. 2d 219 (Ala. 1992).

— Colo. Rev. Stat. § 5-12-102(a) — 1 case

Sender v. Mann, 423 F. Supp. 2d 1155 (D. Colo. 2006).

— Colo. Rev. Stat. § 5-12-102(b) — 2 cases

Electrology Lab'y, Inc. v. Kunze, 169 F. Supp. 3d 1119 (D. Colo. 2016).

Anderson Living Trust v. Conocophillips Co., 952 F. Supp. 2d 979 (D.N.M. 2013).

— Colo. Rev. Stat. § 5-12-102(l) — 1 case

— Colo. Rev. Stat. § 5-12-102(l)(a) — 22 cases

Great W. Sugar Co. v. N. Nat. Gas Co., 661 P.2d 684 (Colo. Ct. App. 1983).

Great W. Sugar Co. v. KN Energy, Inc., 778 P.2d 272 (Colo. Ct. App. 1989).

Kennedy v. King Soopers Inc., 148 P.3d 385 (Colo. Ct. App. 2006).

Bassett v. Eagle Telecomm., Inc., 750 P.2d 73 (Colo. Ct. App. 1987).

— Colo. Rev. Stat. § 5-12-102(l)(b) — 21 cases

Ballow v. PHICO Ins. Co., 878 P.2d 672 (Colo. 1994).

In Re the Marriage of Neuenkirk, 721 P.2d 160 (Colo. Ct. App. 1986).

Husson v. Meeker, 812 P.2d 731 (Colo. Ct. App. 1991).

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