East Lansing, MI asked in Bankruptcy and Collections for Michigan

Q: I have a default judgment entered against me in Michigan for the amount of $15,864.61. What is the interest rate?

On the filing, the judgment interest accrued thus far is $557.17 and is based on the statutory rate of 12.9% is specified from 11/18/2012 to 02/26/2013

The default judgment was entered on 03/6/2013.

My question is the following: What is my current interest rate on this judgment? It would appear that the 12.9% was only for the date specified above.

I understand that the normal rate is set by the state Interest Rates for Money Judgments (See below)

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html

But the lawyer that is attempting to collect my debt is telling me that 12.9% is my current interest rate. I believe they are over charging me.

Related Topics:
2 Lawyer Answers
Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: See the following:

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html

Mark Bredow
Mark Bredow
Answered
  • Bankruptcy Lawyer
  • Bloomfield Hills, MI
  • Licensed in Michigan

A: The Michigan Dept of Treasury states that for complaints filed on or after January 1, 1987, interest on a money judgment recovered in a civil action shall be calculated from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually, pursuant to this section.

Pursuant to the above requirements, the State Treasurer of the State of Michigan, certified that 1.902% was the average interest rate paid at auctions of 5-year United States treasury notes during the six months immediately preceding July 1, 2017. So, effective July 1, 2017, the judgment rate of interest will be 2.902%.

You can see historical interest rates paid at auctions of 5 year note at the following link. Then, add 1% to to that.

http://www.michigan.gov/treasury/0,4679,7-121-44402_44404-107013--,00.html

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.