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Judicial Branch Identifies Judgment Interest Rate Discrepancy
Friday, June 22, 2007
Court staff have found that the non-child support judgment interest rate for 2002 was inadvertently set at 4 percent instead of 2 percent, and the child support interest rate for 2002 was inadvertently set at 6 percent instead of 4 percent. The discrepancy occured between what the Minnesota Court Information System (MNCIS) showed as the balance due on a judgment compared to the calculation made on a different, internal state court program, which was designed during the transition to MNCIS. Court staff may have used either system to calculate interest per Minnesota Statutes section 549.09, subdivision 2. It is unclear how long the interest rate values in MNCIS for 2002 were incorrect.
The discrepancy has since been corrected. MNCIS is now correctly calculating the interest rate for the year 2002 for all current, active judgments.
Parties may have been affected if during the time that the MNCIS 2002 interest rate was incorrect they paid off a judgment in full, obtained a writ of execution, or asked court staff for a balance due amount and MNCIS was used to calculate interest.
Parties who may have been affected may want to review their interest calculation with an attorney. Relief from clerical error may be available from the court by motion. See, for example, Rule 60.01 of the Minnesota Rules of Civil Procedure.
The judicial branch regrets any inconvenience that this may have caused.