GA Code § 9-12-10 (2021)
2021 Georgia Code|Title 9 - Civil Practice|Chapter 12 - Verdict and Judgment|Article 1 - General Provisions|§ 9-12-10. Judgment for Principal and Interest

 In all cases where judgment is obtained, the judgment shall be entered for the principal sum due, with interest, provided the claim upon which it was obtained draws interest. No part of the judgment shall bear interest except the principal which is due on the original debt.   (Laws 1814, Cobb's 1851 Digest, p. 393; Code 1863, § 3489; Code 1868, § 3512; Code 1873, § 3570; Code 1882, § 3570; Civil Code 1895, § 5341; Civil Code 1910, § 5936; Code 1933, § 110-304.)   Cross references.   - Allowable rates of interest on judgments, § 7-4-12.   JUDICIAL DECISIONS   Post-judgment interest.    - O.C.G.A. § 9-12-10 forbids post-judgment interest except on the principal or original debt. DOT v. Consolidated Equities Corp., 181 Ga. App. 672, 353 S.E.2d 603 (1987).    Post-judgment interest under O.C.G.A. § 13-6-11. - Trial court properly excluded an award of pre-judgment interest in calculating the amount of post-judgment interest and properly applied post-judgment interest to the award of attorney fees under O.C.G.A. § 13-6-11. Davis v. Whitford Props., 282 Ga. App. 143, 637 S.E.2d 849 (2006).   Use of prejudgment interest to compute post judgment interest.    - O.C.G.A. § 9-12-10 expressly excludes prejudgment interest, when authorized, to be included in the amount used to compute post judgment interest. DOT v. Consolidated Equities Corp., 181 Ga. App. 672, 353 S.E.2d 603 (1987); Groover v. Commercial Bancorp, 220 Ga. App. 13, 467 S.E.2d 355 (1996).    Judgment creditor was not entitled in a garnishment proceeding to collect interest on prejudgment interest. Lott v. Arrington & Hollowell, P.C., 258 Ga. App. 51, 572 S.E.2d 664 (2002).    Interest on open account should not be included in verdict unless it is specified as such. Linder v. Renfroe, 1 Ga. App. 58, 57 S.E. 975 (1907).   Failure to show dates in pleading.    - In a suit for a stated sum "besides interest" on an open account when judgment was rendered for the principal amount claimed, besides a stated sum as interest, failure to include in the petition or exhibit the dates or other data upon which interest might be computed was an amendable defect, and did not render judgment unauthorized by pleadings or subject to motion in arrest of judgment. Holmes v. Reville, 27 Ga. App. 552, 109 S.E. 417 (1921).    Mistake in one's favor making interest too small is not a good ground of exception by defendant. Gunn v. Tackett, 67 Ga. 725 (1881).   Amount of principal and interest not specified.    - When, in the foreclosure of a mortgage on personalty, principal and interest were not separated, foreclosure was fatally defective. Harris v. Usry, 77 Ga. 426 (1886).    When the verdict in favor of the plaintiff includes both principal and interest, and does not specify the amount of each, a new trial will be required unless the plaintiff will renounce all future interest upon the judgment. Hubbard v. McRae, 95 Ga. 705, 22 S.E. 714 (1895); Bentley v. Phillips, 171 Ga. 866, 156 S.E. 898 (1930).    When a judgment permitted the plaintiffs to recover "the sum of" principal, prejudgment interest, as well as costs, with interest accruing on the sum total, it clearly provided for interest on interest and was subject to amendment to provide that interest after judgment should accrue on the principal sum only. Windermere v. Bettes, 211 Ga. App. 177, 438 S.E.2d 406 (1993).   Interest on principal sum only.    - Judgment may be legally entered for principal sum and interest due on the claim sued on to date of judgment; however, such judgment only bears interest from the judgement's date on the principal sum, and interest found to be due at date of judgment does not bear interest. Southern Loan Co. v. McDaniel, 50 Ga. App. 285, 177 S.E. 834 (1934).    Only that portion of judgment which represents principal due on the original debt is entitled to bear interest. Bank of Tupelo v. Collier, 191 Ga. 852, 14 S.E.2d 59 (1941).    Judgment providing for interest on interest is erroneous. State Hwy. Dep't v. Godfrey, 118 Ga. App. 560, 164 S.E.2d 340 (1968); Southern Gen. Ins. Co. v. Ross, 227 Ga. App. 191, 489 S.E.2d 53 (1997).   Correction after term when judgment rendered.    - Even after term when judgment or decree is rendered, irregularity may be so corrected by amendment that only the principal sum will bear interest, if by an inspection of the record, including the pleadings and verdict, or the approved findings of a master or commissioner, and without extraneous proof, the respective amounts of principal and interest can be correctly segregated. Bank of Tupelo v. Collier, 192 Ga. 409, 15 S.E.2d 499 (1941).   After-accruing interest.    - Judgment as to after-accruing interest is limited to the principal sum found. Ivester v. Brown, 157 Ga. 376, 121 S.E. 241 (1924).   Amendment on motion in writ of fieri facias.    - When principal and interest were segregated in accordance with the approved findings of the commissioner, the court did not err, on motion of plaintiff in writ of fieri facias, in amending the original decree rendered in an equitable partition proceeding. Bank of Tupelo v. Collier, 192 Ga. 409, 15 S.E.2d 499 (1941).   Effect of final judgment rendered for less than assessors' award.    - When, in a condemnation proceeding under the "three assessor" law as contained in former Code 1933, § 36-601 et seq. (see now O.C.G.A. § 22-2-80 et seq.), the amount of the final judgment was less than the award made by the assessors, the condemnee was not liable for the payment of interest on the difference in the amount of the award and the judgment except from the date of the judgment. City of Atlanta v. Lunsford, 105 Ga. App. 247, 124 S.E.2d 493 (1962).   Judgments by confession.    - This section includes judgments obtained by confession. Williams v. Atwood, 52 Ga. 585 (1874).   Condemnation proceedings.    - Prejudgment interest is not to be included as a portion of "just and adequate compensation" in a condemnation case. DOT v. Consolidated Equities Corp., 181 Ga. App. 672, 353 S.E.2d 603 (1987).    Foreign judgment cannot be collaterally attacked as in violation of O.C.G.A. § 9-12-10 since such an attack involves the merits of the award rather than a jurisdictional or fraud issue. Osborne v. Bank of Delight, 173 Ga. App. 322, 326 S.E.2d 523 (1985).   Interest properly awarded.    - When an attorney sued a former client's ex-spouse to enforce a lien on the former client's former marital residence, which was titled in the ex-spouse's name, the trial court's award of post-judgment interest did not violate O.C.G.A. § 9-12-10, allowing an award of interest on a principal sum only, even though the judgment on which the lien was based included an award of interest, because the interest awarded by the trial court was based on the ex-spouse's breach of a duty, under the separation agreement, to pay the attorney's lien. Northen v. Tobin, 262 Ga. App. 339, 585 S.E.2d 681 (2003).    Cited in Sharpe v. City of Waycross, 185 Ga. 208, 194 S.E. 522 (1937); United States v. A Certain Tract or Parcel of Land, 47 F. Supp. 30 (S.D. Ga. 1942); Fried v. Morris & Eckels Co., 118 Ga. App. 595, 164 S.E.2d 732 (1968); Newby v. Maxwell, 121 Ga. App. 18, 172 S.E.2d 458 (1970); Dampier v. Citizens & S. Nat'l Bank, 129 Ga. App. 240, 199 S.E.2d 330 (1973); Sirmans v. Citizens & S. Nat'l Bank, 129 Ga. App. 551, 199 S.E.2d 894 (1973); Laminoirs-Trefileries-Cableries de Lens, S.A. v. Southwire Co., 484 F. Supp. 1063 (N.D. Ga. 1980); Stinson v. Georgia Dep't of Human Resources Credit Union, 171 Ga. App. 303, 319 S.E.2d 508 (1984); Dixieland Truck Brokers, Inc. v. International Indem. Co., 210 Ga. App. 160, 435 S.E.2d 520 (1993); Biggs v. Heriot, 249 Ga. App. 461, 549 S.E.2d 131 (2001); Threatt v. Forsyth County, 262 Ga. App. 186, 585 S.E.2d 159 (2003).   RESEARCH REFERENCES   Am. Jur. 2d.   - 44B Am. Jur. 2d, Interest and Usury, § 38 et seq.   C.J.S.   - 47 C.J.S., Interest and Usury; Consumer Credit, § 60 et seq.   ALR.    - Power of court to add interest to verdict returned by jury, 72 A.L.R. 1150.    Statute of limitation applicable to interest on judgment, 120 A.L.R. 719.   Date of verdict or date of entry of judgment thereon as beginning of interest period on judgment, 1 A.L.R.2d 479.   Recovery of interest on claim against a governmental unit in absence of provision in contract or express statutory provision, 24 A.L.R.2d 928.   Right to interest on unpaid alimony, 33 A.L.R.2d 1455.   Interest on decree or judgment of probate court allowing a claim against estate or making an allowance for services, 54 A.L.R.2d 814.   Liability insurer's liability for interest and costs on excess of judgment over policy limit, 76 A.L.R.2d 983.   Date from which interest on judgment starts running, as affected by modification of amount of judgment on appeal, 4 A.L.R.3d 1221.   Right to interest, pending appeal, of judgment creditor appealing unsuccessfully on ground of inadequacy, 15 A.L.R.3d 411; 11 A.L.R.4th 1099.   Running of interest on judgment where both parties appeal, 11 A.L.R.4th 1099.   Retrospective application and effect of state statute or rule allowing interest or changing rate of interest on judgments or verdicts, 41 A.L.R.4th 694.   Prejudgment interest awards in divorce cases, 62 A.L.R.4th 156.   Liability of insurer for prejudgment interest in excess of policy limits for covered loss, 23 A.L.R.5th 75.   Date on which post judgment interest, under 28 U.S.C. § 1961 (a), begins to accrue on federal court's award of attorneys' fees, 111 A.L.R. Fed. 615.