Chapter 16: Contracts And Promises

Article 2: Interest And Charges

Statute 16-204: Interest on judgments. Except as otherwise provided in accordance with law, and including any judgment rendered on or after July 1, 1973, against the state or any agency or political subdivision of the state:

      (a)   Any judgment rendered by a court of this state before July 1, 1980, shall bear interest as follows:

      (1)   On and after the day on which the judgment is rendered and before July 1, 1980, at the rate of 8% per annum;

      (2)   on and after July 1, 1980, and before July 1, 1982, at the rate of 12% per annum;

      (3)   on and after July 1, 1982, and before July 1, 1986, at the rate of 15% per annum; and

      (4)   on and after July 1, 1986, at the rate provided by subsection (e).

      (b)   Any judgment rendered by a court of this state on or after July 1, 1980, and before July 1, 1982, shall bear interest as follows:

      (1)   On and after the day on which the judgment is rendered and before July 1, 1982, at the rate of 12% per annum;

      (2)   on and after July 1, 1982, and before July 1, 1986, at the rate of 15% per annum; and

      (3)   on and after July 1, 1986, at the rate provided by subsection (e).

      (c)   Any judgment rendered by a court of this state on or after July 1, 1982, and before July 1, 1986, shall bear interest as follows:

      (1)   On and after the day on which the judgment is rendered and before July 1, 1986, at the rate of 15% per annum; and

      (2)   on and after July 1, 1986, at the rate provided by subsection (e).

      (d)   Any judgment rendered by a court of this state on or after July 1, 1986, shall bear interest on and after the day on which the judgment is rendered at the rate provided by subsection (e).

      (e) (1)   Except as otherwise provided in this subsection, on and after July 1, 1996, the rate of interest on judgments rendered by courts of this state pursuant to the code of civil procedure shall be at a rate per annum: (A) Which shall change effective July 1 of each year for both judgments rendered prior to such July 1 and judgments rendered during the twelve-month period beginning such July 1; and (B) which is equal to an amount that is four percentage points above the discount rate (the charge on loans to depository institutions by the New York federal reserve bank as reported in the money rates column of the Wall Street Journal) as of July 1 preceding the date the judgment was rendered. The secretary of state shall publish notice of the interest rate provided by this subsection (e) (1) not later than the second issue of the Kansas register published in July of each year.

      (2)   On and after the effective date of this act, the rate of interest on judgments rendered by courts of this state pursuant to the code of civil procedure for limited actions shall be 12% per annum.

      (3)   On and after July 1, 1996, it shall be presumed that applying interest at the rate of 10% per annum will result in the correct total of interest accrued on any judgments, regardless of when the judgments accrued, arising from a person's duty to support another person. The burden of proving that a different amount is the correct total shall lie with any person contesting the presumed amount.

      History:   L. 1889, ch. 164, § 4; R.S. 1923, 41-104; L. 1969, ch. 114, § 1; L. 1973, ch. 84, § 1; L. 1980, ch. 74, § 2; L. 1982, ch. 88, § 1; L. 1986, ch. 89, § 1; L. 1996, ch. 229, § 160; July 1.