Interest on Contracts, Judgments
Utah Code Title 15, Chapter 1
15-1-1. Interest rates --
Contracted rate -- Legal rate.
(1) The parties to a lawful contract may agree upon any rate
of interest for the loan or forbearance of any money, goods, or chose in action
that is the subject of their contract.
(2) Unless parties to a lawful contract specify a different
rate of interest, the legal rate of interest for the loan or forbearance of any
money, goods, or chose in action shall be 10% per annum.
(3) Nothing in this section may be construed in any way to
affect any penalty or interest charge that by law applies to delinquent or
other taxes or to any contract or obligations made before May 14, 1981.
Amended by Chapter 79, 1989 General Session
15-1-3. Calculated by the year.
Whenever in any statute or deed, or written or verbal
contract, or in any public or private instrument whatever, any certain rate of
interest is mentioned and no period of time is stated, interest shall be
calculated at the rate mentioned by the year.
No Change Since 1953
15-1-4. Interest on judgments.
(1) As used in this section, "federal postjudgment
interest rate" means the interest rate established for the federal court
system under 28 U.S.C. Sec. 1961, as amended.
(2) (a) Except as provided in Subsection (2)(b), a judgment
rendered on a lawful contract shall conform to the contract and shall bear the
interest agreed upon by the parties, which shall be specified in the judgment.
(b) A judgment rendered on a deferred deposit loan
subject to Title 7, Chapter 23, Check Cashing and Deferred Deposit Lending
Registration Act, shall bear interest at the rate imposed under Subsection (3)
on an amount not exceeding the sum of:
(i) the
total of the principal balance of the deferred deposit loan;
(ii)
interest at the rate imposed by the deferred deposit loan agreement for a
period not exceeding 10 weeks as provided in Subsection 7-23-401(4);
(iii)
costs;
(iv)
attorney fees; and
(v) other
amounts allowed by law and ordered by the court.
(3) (a) Except as otherwise provided by law, other civil and
criminal judgments of the district court and justice court shall bear interest
at the federal postjudgment interest rate as of January 1 of each year, plus
2%.
(b) The postjudgment interest rate in effect at the
time of the judgment shall remain the interest rate for the duration of the
judgment.
(c) The interest on criminal judgments shall be
calculated on the total amount of the judgment.
(d) Interest paid on state revenue shall be deposited
in accordance with Section 63A-3-505.
(e) Interest paid on revenue to a county or
municipality shall be paid to the general fund of the county or municipality.
Amended by Chapter 79, 2011 General Session