2021 Georgia Code
Title 7 - Banking and Finance
Chapter 4 - Interest and Usury
Article 1 - In General
§ 7-4-12. Interest on Judgments

Universal Citation:
GA Code § 7-4-12 (2021)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  1. All judgments in this state shall bear annual interest upon the principal amount recovered at a rate equal to the prime rate as published by the Board of Governors of the Federal Reserve System, as published in statistical release H. 15 or any publication that may supersede it, on the day the judgment is entered plus 3 percent.
  2. If the judgment is rendered on a written contract or obligation providing for interest at a specified rate, the judgment shall bear interest at the rate specified in the contract or obligation.
  3. The postjudgment interest provided for in this Code section shall apply automatically to all judgments in this state and the interest shall be collectable as a part of each judgment whether or not the judgment specifically reflects the entitlement to postjudgment interest.
  4. This Code section shall apply to all civil actions filed on or after July 1, 2003.

(Laws 1845, Cobb's 1851 Digest, p. 394; Code 1863, § 2027; Code 1868, § 2028; Code 1873, § 2054; Code 1882, § 2054; Civil Code 1895, § 2882; Civil Code 1910, § 3432; Code 1933, § 57-108; Ga. L. 1980, p. 1118, § 1; Ga. L. 1986, p. 195, § 1; Ga. L. 1987, p. 352, § 1; Ga. L. 1989, p. 14, § 7; Ga. L. 2003, p. 820, § 1.)

Cross references.

- Amount of judgment upon which interest may be charged, § 9-12-10.

Pre-judgment interest in highway condemnation proceedings, § 32-3-19.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1988, the hyphen was deleted in the word "postjudgment" in subsection (c).

Pursuant to Code Section 28-9-5, in 2003, "July 1, 2003" was substituted for "the effective date of this Code section" in subsection (d).

Editor's notes.

- Ga. L. 2003, p. 820, § 9, not codified by the General Assembly, provides that this Act "shall apply to all civil actions filed on or after July 1, 2003."

Law reviews.

- For article discussing methods of computation of finance charges in Georgia consumer credit contracts, see 30 Mercer L. Rev. 281 (1978). For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004). For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 28 (2003).

JUDICIAL DECISIONS

ANALYSIS

  • General Consideration
  • Rates
  • Timing
  • Application

OPINIONS OF THE ATTORNEY GENERAL

Distinction between condemnation cases based on date filed.

- Condemnation cases filed before July 1, 1980, bear interest at seven percent on amount recovered from date of taking. Cases filed on and after July 1, 1980, bear interest at seven percent from date of taking to date of final judgment and at 12 percent from date of final judgment. 1980 Op. Att'y Gen. No. 80-100.

RESEARCH REFERENCES

Am. Jur. 2d.

- 44B Am. Jur. 2d, Interest and Usury, § 38.

C.J.S.

- 47 C.J.S., Interest and Usury; Consumer Credit, § 60 et seq.

ALR.

- Statute of limitation applicable to interest on judgment, 120 A.L.R. 719.

Time when interest ceases to run upon obligation secured by lien transferred to proceeds of sale of the property free from liens in receivership, bankruptcy, or other proceedings, 134 A.L.R. 846.

Date of verdict or date of entry of judgment thereon as beginning of interest period on judgment, 1 A.L.R.2d 479.

Recovery of interest on claim against a governmental unit in absence of provision in contract or express statutory provision, 24 A.L.R.2d 928.

Right to interest on unpaid alimony, 33 A.L.R.2d 1455.

Interest on decree or judgment of Probate Court allowing a claim against estate or making an allowance for services, 54 A.L.R.2d 814.

Interest upon arrearages or unpaid accumulations of annuities, 66 A.L.R.2d 857.

Date from which interest on judgment starts running, as affected by modification of amount of judgment on appeal, 4 A.L.R.3d 1221.

Right to interest, pending appeal, of judgment creditor appealing unsuccessfully on ground of inadequacy, 15 A.L.R.3d 411; 11 A.L.R.4th 1099.

Running of interest on judgment where both parties appeal, 11 A.L.R.4th 1099.

Retrospective application and effect of state statute or rule allowing interest or changing rate of interest on judgments or verdicts, 41 A.L.R.4th 694.

Divorce and separation: award of interest on deferred installment payments of marital asset distribution, 10 A.L.R.5th 191.

Date on which postjudgment interest, under 28 USCS sec. 1961 (a), begins to accrue on federal court's award of attorneys' fees, 111 A.L.R. Fed. 615.

Determination of appropriate Chapter 11 "cramdown" rate of interest, 17 A.L.R. Fed. 3d 8.

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