(1) Except as provided in section 13-21-101, C.R.S., where there is no written agreement as to the rate of interest, creditors shall receive interest as follows:
(a) If a judgment for money in a civil case is appealed by a judgment debtor and the judgment is affirmed, interest, as set out in subsections (2) and (3) of this section, shall be payable from the date of entry of judgment in the trial court until satisfaction of the judgment and shall include compounding of interest annually.
(b) If a judgment for money in a civil case is appealed by a judgment debtor and the judgment is modified or reversed with a direction that a judgment for money be entered in the trial court, interest, as set out in subsections (2) and (3) of this section, shall be payable from the date a judgment was first entered in the trial court until the judgment is satisfied and shall include compounding of interest annually. This interest shall be payable on the amount of the final judgment.
(2) (a) The rate of interest shall be certified on each January 1 by the secretary of state to be two percentage points above the discount rate, which discount rate shall be the rate of interest a commercial bank pays to the federal reserve bank of Kansas City using a government bond or other eligible paper as security, and shall be rounded to the nearest full percent. Such annual rate of interest shall be so established as of December 31, 1982, to become effective January 1, 1983. Thereafter, as of December 31 of each year, the annual rate of interest shall be established in the same manner, to become effective on January 1 of the following year.
(b) Notwithstanding any other provision of this subsection (2), the rate of interest shall be no lower than the percentage authorized in section 5-12-102 (4)(b).
(3) The rate at which interest shall accrue during each year shall be the rate which the secretary of state has certified as the annual interest rate under subsection (2) of this section.
Source: L. 82: Entire section added, p. 226, § 1, effective January 1, 1983. L. 84: (1) and
(2) amended, p. 287, § 1, effective July 1.
Notes of Decisions
In re the Marriage of Gutfreund, 148 P.3d 136 (Colo. 2006).
· cites it 27× “The court of appeals held that section 5-12-106(1)(a), C.R.S. (2006), requires post-judgment interest on both the marital property and attorneys’ fees.”
Beren v. Beren, 2015 CO 29 (Colo. 2015).
· cites it 10× “2005), both of which awarded statutory interest on funds that had to be repaid following reversal of judgments on appeal, and (2) misinterprets section 5-12-106, C.R.S. (2012), which requires payment of statutory interest on judgments reversed on appeal.”
Barrett v. Inv. Mgmt. Consultants, Ltd., 190 P.3d 800 (Colo. Ct. App. 2008).
· cites it 9× “"); see also § 5-12-106, C.R.S. 2007 (establishing rate of interest in cases where "a judgment for money in a civil case is appealed by a judgment debtor").”
Sperry v. Field, 186 P.3d 133 (Colo. Ct. App. 2008).
· cites it 11× “In the same act that amended section 13-21-101, the General Assembly also enacted section 5-12-106. Ch. 89, sec. 1, 1982 Colo.”
Jennings v. Ibarra, 921 P.2d 62 (Colo. Ct. App. 1996).
· cites it 4× “Thus, defendants assert that, because plaintiffs had not sought to amend the judgment within the time allowed by G.”
Sperry v. Field, 205 P.3d 365 (Colo. 2009).
· cites it 5× “In section 5-12-106(l)(a), C.R.S. (2008), addressing interest calculation in non-personal injury contexts, post-judgment interest accrues “from the date of 'entry of judgment in the trial court until satisfaction.”
New Design Constr. Co. v. Hamon Contractors, Inc., 215 P.3d 1172 (Colo. Ct. App. 2008).
· cites it 6× “To the extent that section 5-12-106, which sets forth postjudgment interest, and the prompt payment statute conflict, the more specific statutory provision prevails.”
Peterman v. State Farm Mut. Auto. Ins. Co., 8 P.3d 549 (Colo. Ct. App. 2000).
· cites it 9× “Section 5-12-102(4)(b) provides in relevant part: 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…”
Farmers Reservoir & Irrigation Co. v. City of Golden, 113 P.3d 119 (Colo. 2005).
· cites it 3× “2003) (postjudgment interest on appeals accrues from date of final judgment under section 5-12-106, C.R.S. 2004). 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.”
Sinclair Transp. Co. v. Sandberg, 350 P.3d 915 (Colo. Ct. App. 2014).
· cites it 7× “2018, measured from the date of the order allowing Sinclair to take immediate possession of the properties (July 2007); or, alternatively, e section 5-12-106, C.R.S.2018, measured from the date the district court erroneously entered judgment recognizing a condemnation authority…”
— Colo. Rev. Stat. § 5-12-106(1) — 1 case
— Colo. Rev. Stat. § 5-12-106(1)(a) — 5 cases
In re the Marriage of Gutfreund, 148 P.3d 136 (Colo. 2006).
“The court of appeals held that section 5-12-106(1)(a), C.R.S. (2006), requires post-judgment interest on both the marital property and attorneys’ fees.”
Barrett v. Inv. Mgmt. Consultants, Ltd., 190 P.3d 800 (Colo. Ct. App. 2008).
“"); see also § 5-12-106, C.R.S. 2007 (establishing rate of interest in cases where "a judgment for money in a civil case is appealed by a judgment debtor").”
Sperry v. Field, 186 P.3d 133 (Colo. Ct. App. 2008).
“In the same act that amended section 13-21-101, the General Assembly also enacted section 5-12-106. Ch. 89, sec. 1, 1982 Colo.”
— Colo. Rev. Stat. § 5-12-106(1)(b) — 8 cases
Beren v. Beren, 2015 CO 29 (Colo. 2015).
“2005), both of which awarded statutory interest on funds that had to be repaid following reversal of judgments on appeal, and (2) misinterprets section 5-12-106, C.R.S. (2012), which requires payment of statutory interest on judgments reversed on appeal.”
Barrett v. Inv. Mgmt. Consultants, Ltd., 190 P.3d 800 (Colo. Ct. App. 2008).
“"); see also § 5-12-106, C.R.S. 2007 (establishing rate of interest in cases where "a judgment for money in a civil case is appealed by a judgment debtor").”
Peterman v. State Farm Mut. Auto. Ins. Co., 8 P.3d 549 (Colo. Ct. App. 2000).
“Section 5-12-102(4)(b) provides in relevant part: 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…”
— Colo. Rev. Stat. § 5-12-106(2) — 9 cases
— Colo. Rev. Stat. § 5-12-106(2)(a) — 1 case
— Colo. Rev. Stat. § 5-12-106(2)(b) — 1 case
— Colo. Rev. Stat. § 5-12-106(3) — 1 case
— Colo. Rev. Stat. § 5-12-106(l)(a) — 5 cases
In re the Marriage of Gutfreund, 148 P.3d 136 (Colo. 2006).
“The court of appeals held that section 5-12-106(1)(a), C.R.S. (2006), requires post-judgment interest on both the marital property and attorneys’ fees.”
Jennings v. Ibarra, 921 P.2d 62 (Colo. Ct. App. 1996).
“Thus, defendants assert that, because plaintiffs had not sought to amend the judgment within the time allowed by G.”
Sperry v. Field, 205 P.3d 365 (Colo. 2009).
“In section 5-12-106(l)(a), C.R.S. (2008), addressing interest calculation in non-personal injury contexts, post-judgment interest accrues “from the date of 'entry of judgment in the trial court until satisfaction.”
— Colo. Rev. Stat. § 5-12-106(l)(b) — 3 cases
Sperry v. Field, 205 P.3d 365 (Colo. 2009).
“In section 5-12-106(l)(a), C.R.S. (2008), addressing interest calculation in non-personal injury contexts, post-judgment interest accrues “from the date of 'entry of judgment in the trial court until satisfaction.”
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