Calculate the fixed periodic payment, total interest, and total cost for a loan or promissory note based on principal, interest rate, term, and payment frequency.
What Is Prejudgment Interest?
Prejudgment interest is the interest that accrues on a sum of money—such as a debt or an award for damages—from the date the money was due (the breach date) until the date a court enters a final judgment. It is designed to compensate the creditor or injured party for the loss of the use of their money during the litigation period. Laws governing prejudgment interest vary significantly from state to state in the U.S.
How Is Prejudgment Interest Calculated?
The basic formula for simple prejudgment interest is: Principal Amount × Annual Interest Rate × (Number of Days / 365).
The key variables are:
- Principal: The original amount owed.
- Annual Rate: This is set by state statute. Some states have a fixed rate (e.g., 6% in Alabama), while others have a variable rate tied to an index like the federal funds rate (e.g., Florida, New Jersey, Texas). Some states, like California, have different rates for contract claims (10%) versus other claims.
- Accrual Period: Interest typically starts on the date the payment was due or the cause of action accrued. The end date is usually the date of judgment or a settlement demand.
Example Calculation
Imagine you are owed $10,000 under a contract governed by California law. The payment was due on January 15, 2024, and you are preparing a demand letter on October 20, 2026.
- Principal: $10,000
- Annual Rate (CA Contract): 10%
- Days Elapsed: From Jan 15, 2024 to Oct 20, 2026 is 1009 days.
- Daily Rate: 10% / 365 = 0.0274%
- Interest: $10,000 × (10/100) × (1009/365) = $10,000 × 0.10 × 2.76575 ≈ $2,765.75
- Total Claim: $10,000 + $2,765.75 = $12,765.75
You would demand $12,765.75 in your settlement letter.
Common State Rules and Variations
- Fixed Rate States: Many states, like Colorado (8%) and Illinois (5%), have a statutory rate that changes only by legislative action.
- Variable Rate States: States like Florida, New Jersey, and Texas publish a new rate periodically (often quarterly). You must look up and input the current rate for your calculation period. For Texas, both contract and tort claims use variable rates.
- Contract vs. Tort: A few states, including California, apply a different (often higher) rate to claims arising from a written contract.
- Caps and Exceptions: Some states cap the total interest or exclude certain types of claims (e.g., punitive damages) from prejudgment interest.
What to Do After Calculating Interest
Once you have calculated the total amount owed, the next step is to formally demand payment. A well-drafted Demand Letter for Payment or Settlement Demand Letter outlines the debt, the calculation of interest, and sets a deadline for payment before you consider filing a lawsuit. Including a clear breakdown of the principal and interest strengthens your position and shows you have done your homework.