U.S. Code » Title 28 » Part PART V— PROCEDURE › Chapter CHAPTER 125— PENDING ACTIONS AND JUDGMENTS

28 U.S.C. § 1961

Interest

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(a) Interest shall be allowed on any money judgment in a civil case recovered in a district court. Execution therefor may be levied by the marshal, in any case where, by the law of the State in which such court is held, execution may be levied for interest on judgments recovered in the courts of the State. Such interest shall be calculated from the date of the entry of the judgment, at a rate equal to the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.11 So in original. The period probably should not appear. the date of the judgment. The Director of the Administrative Office of the United States Courts shall distribute notice of that rate and any changes in it to all Federal judges.(b) Interest shall be computed daily to the date of payment except as provided in section 2516(b) of this title and section 1304(b) of title 31, and shall be compounded annually.(c)(1) This section shall not apply in any judgment of any court with respect to any internal revenue tax case. Interest shall be allowed in such cases at the underpayment rate or overpayment rate (whichever is appropriate) established under section 6621 of the Internal Revenue Code of 1986.(2) Except as otherwise provided in paragraph (1) of this subsection, interest shall be allowed on all final judgments against the United States in the United States Court of Appeals for the Federal circuit,22 So in original. Probably should be capitalized. at the rate provided in subsection (a) and as provided in subsection (b).(3) Interest shall be allowed, computed, and paid on judgments of the United States Court of Federal Claims only as provided in paragraph (1) of this subsection or in any other provision of law.(4) This section shall not be construed to affect the interest on any judgment of any court not specified in this section.(June 25, 1948, ch. 646, 62 Stat. 957; Pub. L. 97–164, title III, § 302(a), Apr. 2, 1982, 96 Stat. 55; Pub. L. 97–258, § 2(m)(1), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 97–452, § 2(d)(1), Jan. 12, 1983, 96 Stat. 2478; Pub. L. 99–514, § 2, title XV, § 1511(c)(17), Oct. 22, 1986, 100 Stat. 2095, 2745; Pub. L. 102–572, title IX, § 902(b)(1), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 106–554, § 1(a)(7) [title III, § 307(d)(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A–636.)Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., § 811 (R.S. § 966; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167).

Changes were made in phraseology.

Editorial NotesReferences in Text

Section 6621 of the Internal Revenue Code of 1986, referred to in subsec. (c)(1), is classified to section 6621 of Title 26, Internal Revenue Code.

Amendments

2000—Subsec. (a). Pub. L. 106–554 substituted “the weekly average 1-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding.” for “the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to”.

1992—Subsec. (c)(3). Pub. L. 102–572 substituted “United States Court of Federal Claims” for “United States Claims Court”.

1986—Subsec. (c)(1). Pub. L. 99–514, § 1511(c)(17), substituted “the underpayment rate or overpayment rate (whichever is appropriate) established” for “a rate established”.

Pub. L. 99–514, § 2, substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.

1983—Subsec. (b). Pub. L. 97–452 substituted “section 1304(b) of title 31” for “section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)”.

1982—Subsec. (a). Pub. L. 97–164, § 302(a)(1), (2), designated existing provisions as subsec. (a), substituted “at a rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of fifty-two week United States Treasury bills settled immediately prior to the date of the judgment” for “at the rate allowed by State law”, and inserted provision that the Director of the Administrative Office of the United States Courts distribute notice of the rate and any changes in it to all Federal judges.

Subsec. (b). Pub. L. 97–258 substituted “this title and section 1304(b)(1) of title 31” for “title 28, United States Code, and section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)”.

Subsecs. (b), (c). Pub. L. 97–164, § 302(a)(3), added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesEffective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

Effective Date of 1986 Amendment

Amendment by section 1511(c)(17) of Pub. L. 99–514 applicable for purposes of determining interest for periods after Dec. 31, 1986, see section 1511(d) of Pub. L. 99–514, set out as a note under section 6621 of Title 26, Internal Revenue Code.

Effective Date of 1982 Amendments

Pub. L. 97–258, § 2(m), Sept. 13, 1982, 96 Stat. 1062, provided that the amendment made by that section is effective Oct. 1, 1982.

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Notes of Decisions
Cited in 5,255 cases (2,203 in the last 5 years), 1951–2026 · leading case: Kaiser Aluminum & Chemical Corp. v. Bonjorno
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Kaiser Aluminum & Chemical Corp. v. Bonjorno (1990) scotus · cites it 18× “28 U. S. C. § 1961 (1982 ed.) (amended).”
Price v. Stevedoring Services of America, Inc. (2012) ca9 · cites it 24× “STEVEDORING SERVICES 10447 maximum compensation rate from the fiscal year in which he becomes disabled or from the fiscal year in which he receives a formal compensation award; (2) receives interest on past due compensation at the rate defined in 28 U.S.C. § 1961 instead of the…”
In Re Dow Corning Corp. (1999) mieb · cites it 46× “Because the Court agrees with the Proponents that the term refers to the federal judgment rate, 28 U.S.C. § 1961 (a), this objection is overruled.”
David Pittington v. Great Smoky Mountain Lumberjack Feud (2018) ca6 · cites it 16× “Concluding that the 10% interest rate that Pittington had requested would afford him an undue windfall, the district court opted instead to award compound prejudgment interest at the rate set forth in 28 U.S.C. § 1961 (a), which governs the postjudgment interest rate in federal…”
Marathon Oil Company and Mobile Oil Exploration & Producing Southeast, Inc. v. United States (2004) cafc · cites it 22× “When the government refused to pay, the Oil Companies brought a new claim alleging that they were entitled to the interest under 28 U.S.C. § 1961 (c)(2). The Court of Federal Claims dismissed their complaint.”
Fendi Adele S.R.L. v. Burlington Coat Factory Warehouse Corp. (2010) nysd · cites it 12× “Although there is a federal statute that sets the interest rate to be applied post-judgment to “any money judgment in a civil case recovered in a district court,” 28 U.S.C. § 1961 (a), there is no analogous statute governing prejudgment interest generally.”
In Re Loveridge MacH. & Tool Co., Inc. (1983) utb · cites it 22× “28 U.S.C. § 1961 (a), as amended effective October 1, 1982, provides that “[i]nterest shall be allowed on any money judgment in a civil case recovered in a district court.”
Dorothy M. Thompson v. Ralph E. Kennickell, Jr., Public Printer (1986) cadc · cites it 32× “WALD, Chief Judge: The sole issue presented in this appeal is whether 28 U.S.C. § 1961 (a) requires the United States to pay post-judgment interest whenever it unsuccessfully appeals a money judgment rendered against it in a civil action.”
Rosalyn Caffey v. Unum Life Insurance Co. (2002) ca6 · cites it 9× “In that order, the district court granted UNUM’s request to use a “blended” interest rate, based upon the method set forth in 28 U.S.C. § 1961 , in calculating its prejudgment interest award.”
Cappiello v. ICD Publications, Inc. (2013) ca2 · cites it 9× “By order dated June 7, 2012, the district court amended the judgment to provide that Cappiello was entitled to post-judgment interest at the rate set forth in 28 U.S.C. § 1961 . Cappiello appeals that June 7, 2012 order, contending that he is entitled to post-judgment interest…”
Gross v. Sun Life Assurance Co. of Canada (2018) ca1 · cites it 6× “" 28 U.S.C. § 1961 (a) (footnote omitted).”
Barrella v. Village of Freeport (2014) nyed · cites it 15× “Most commonly, courts have borrowed the statutory post judgment in terest rate specified in 28 U.S.C. § 1961 (a) in order to calculate prejudgment interest.”
Show all 5,255 citing cases →
— 28 U.S.C. § 1961(a) — 35 cases
Emberton v. GMRI, Inc. (2009) ky
Wuestewald v. Foss Maritime Co. (2004) cand
Waldschmidt v. Ranier (In Re Fulghum Construction Corp.) (1987) tnmd
Wachs v. Winter (1983) nyed
McKnight v. Circuit City Stores, Inc. (2001) ca4
— 28 U.S.C. § 1961(b) — 3 cases
Becker v. ARCO Chemical Co. (1998) paed
Transco Leasing Corp. v. U.S. (1993) ca5
American Marine Tech., Inc. v. World Group Yachting, Inc. (2022) flsd
— 28 U.S.C. § 1961(c)(1) — 3 cases
Grand Trunk Western Railroad Company v. United States (2019) ilnd
Illinois Central Railroad Company v. United States (2019) ilnd
Wisconsin Central Ltd. v. United States (2019) ilnd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.