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DE SB85

Bill

Status

Passed

4/5/2012

Primary Sponsor

John Mitchell

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Origin

Senate

146th General Assembly

AI Summary

  • Removes language from Delaware Code §301(a) stating that judgments entered after May 13, 1980 shall bear the interest rate in the contract sued upon.

  • Establishes new post-judgment interest rate of 5% over the Federal Reserve discount rate (including any surcharge) or the contract rate, whichever is less.

  • Applies the new interest rate to all judgments entered on agreements governed by §301(a), regardless of whether the contract rate is expressed.

  • Clarifies that the post-judgment interest accrues from the date of judgment entry.

  • Does not affect the usury statute or other special circumstances under existing law.

Legislative Description

An Act To Amend Title 6 Of The Delaware Code Relating To The Legal Rate Of Interest And Judgments.

Last Action

Signed by Governor

4/5/2012

Committee Referrals

Economic Development/Banking/Insurance/Commerce6/16/2011
Judiciary5/31/2011

Full Bill Text

No bill text available