Mo. Rev. Stat. § 408.020

Section 408.020 requires prejudgment interest from the date of demand when the amount owed under a written contract is readily ascertainable, even if the demand exceeds the amount ultimately owed.

Slay Warehousing Company, Inc., a Corporation v. Reliance Insurance Company, a Corporation · filed 1974-01-02

Although the sum demanded was far in excess of the sum finally stipulated as owing, the supporting statements that accompanied the July 1, 1965 demand provided a basis to ascertain the amount owed appellants; therefore, the statute applies and prejudgment interest must be paid from the date of demand.

Section 408.020 provides 9% interest on each restitution installment from the date it was paid.

Cook v. Gill · filed 1984-01-06

She is entitled to the amounts paid and interest at 9% on each installment from the date paid. DeMayo v. Lyons, supra, 228 S.W.2d at 694; § 408.020, RSMo Supp.1982.

Section 408.020 permits 9% interest on money due under a written contract when the parties have not agreed to another rate.

In Re Koster · filed 2003-06-12

Fairbanks is correct in its assertion that, when no other rate is agreed to, Missouri law permits a secured creditor to collect 9% interest on moneys after they become due and payable on written contracts. Mo.Rev.Stat. § 408.020 (2002).

Section 408.020 authorizes 6% interest on money due.

Citizens & Southern Nat'l Bank v. Bruce · filed 1976-09-21

Judgment will be entered for plaintiff in the amount of $13,555.00 plus 6% interest since May 31, 1974. § 408.020, RSMo (1969).

Section 408.020 allows interest on money due under a written contract once the creditor has fully performed, even without a demand for payment.

Doerflinger Realty Company v. Fields · filed 1955-07-19

When not fixed by the instrument the law will deem the amount due and payable when the party has fully performed his obligations under the contract and nothing remains to be done but payment to him of the amount due. From that date he is entitled to interest, under the statute, though no demand is made.

Section 408.020 allows interest on unpaid back salary from the date of demand.

Crites v. Huckstep · filed 1981-05-26

There is a dispute as to when such interest began to run. We agree with the trial court that the county clerk is entitled to interest from date of demand. The only demand shown was the filing of the suit.

Section 408.020 allows prejudgment interest on liquidated claims from the date of demand, or from the date suit is filed if no demand was made.

K-Smith Truck Lines, Inc. v. Coffman · filed 1989-04-11

Prejudgment interest is appropriate on liquidated claims under § 408.020 RSMo 1986. Such interest is allowable when demand is made, and if no demand then when suit is filed. ... The full answer is that the amended petition claimed the same damages previously “demanded” in the original petition. Plaintiff is therefore entitled to prejudgment interest on liquidated damages from the date the suit was filed.

Section 408.020 allows interest on money owed under a written contract after it becomes due and payable.

Williamson v. Hartford Life & Accident, etc. · filed 2013-06-19

Pursuant to the statute, creditors shall be allowed to receive interest for all moneys after they become “due and payable.” Id. Williamson does not dispute Hartford’s argument that under Missouri law and the policy language, Hartford paid the benefit to her when it was payable. Under Missouri law, Williamson is not entitled to interest.

Section 408.020 allows interest on an account only after the account becomes due and payment is demanded.

Agriservices of Brunswick, LLC v. Jacoby · filed 2018-04-24

Missouri law states that that a creditor may only collect interest "on accounts after they become due and demand of payment is made."

Section 408.020 allows prejudgment interest on an unpaid account only after payment becomes due and is demanded.

Maxus Metropolitan, LLC v. Travelers Property Casualty Co. · filed 2025-08-28

Missouri law does not allow interest to be charged on an account until payment for it has been demanded. Mo. Rev. Stat. § 408.020 (2024). If Maxus delayed in forwarding invoices to Travelers, then the prejudgment interest calculation must be based on the date each invoice was forwarded, and thus demanded, not based on the date each invoice was paid by Maxus.

Section 408.020 permits interest on a due unwritten account after a definite demand for payment; without one, filing suit starts the interest period.

Weekley v. Wallace · filed 1958-06-14

We hold, however, that the evidence in this case fails to establish sufficiently the making of a demand for payment of plaintiff’s claims such as required by Section 408.020 RSMo 1949, V.A.M.S., to authorize recovery of interest on an unwritten account prior to the suit. The lawful interest-bearing period in this case began August 4, 1956, the date this suit was filed, and was computable as of the date of the verdict.

Section 408.020 allows 9% annual prejudgment interest on a liquidated account balance from the date the debt becomes due.

Bartlow-Hope Electrical Corp. v. Stanley · filed 1985-06-04

Respondent was entitled to interest on its account balance at the rate of 9% per year from March 3, 1982, the date on which Hope testified the debt became due, to the date of trial, § 408.020, RSMo.Supp.1984, and the interest thereafter on the judgment at the statutory rate.

Section 408.020 provides nine percent annual prejudgment interest on money due on account, beginning when payment is demanded.

Kent D. Kehr, P.C. v. Aronowitz · filed 1990-10-12

In Missouri prejudgment interest begins to accrue on written contracts when the money due under the contract becomes due, and on accounts after demand is made for payment. ... As such, the claim is more a claim for moneys due and payable on account rather than a liquidated claim under a contract. ... As such, prejudgment interest cannot be awarded for the period before demand was made. ... The Court now finds that prejudgment interest is due from each defendant on the amount of judgment against that defendant from July 24, 1986, until the date of this order. Prejudgment interest will be at the statutory rate of nine percent per an-num.

Section 408.020 sets interest on an account at nine percent per year in the absence of a contract.

Summers v. Fikes · filed 1992-08-25

Defendant is right on this point. In the absence of contract, interest on an account is fixed by statute, and the rate is nine percent per annum. Sec. 408.020, RSMo 1986.

Section 408.020 allows nine percent annual prejudgment interest on a liquidated claim after a demand that makes the debtor aware of the definite amount owed.

Monsanto Co. v. Gould Electronics, Inc. · filed 1998-02-17

Section 408.020, RSMo 1994 permits the award of pre-judgment interest at a rate of nine percent per annum. It allows creditors to receive pre-judgment interest on liquidated claims after demand for payment is made. ... Thus, prejudgment interest is not owed prior to March 1993, because Monsanto failed to make Gould aware of the definite amount owed prior to March 1993.

Section 408.020 allows interest to accrue without a demand for payment when a promissory note states when the debt is due.

Sebree v. Rosen · filed 1964-01-13

A promissory note which provides when the indebtedness evidenced thereby becomes due and payable is a written agreement within the purview of § 408.020 and a demand of payment is not necessary to start the accrual of interest under the statute.

Section 408.020 allows interest on an unpaid contract balance from the date payment was demanded.

Artcraft Cabinet, Inc. v. Watajo, Inc. · filed 1976-07-06

The answer pleaded by Summit admits the allegation of the ArtCraft petition that demand for payment was made on July 18,1971. Also, there was evidence that the last invoice sent to Summit was dated June 18, 1971, and that payment was demanded within 30 days of presentment. As previously shown, paragraph XVIII of the contract provided for payment of 90% of the value of the work, labor and materials satisfactorily executed in place. There was evidence that Summit delayed compliance with that provision. The calculation of interest was based upon the provisions of § 408.020, RSMo 1969 and was validly entered.

A demand for prejudgment interest under § 408.020 must be definite as to amount and time; filing a lawsuit that states an indefinite amount does not suffice.

Transamerica Insurance Co. v. Pennsylvania National Insurance Companies · filed 1995-10-17

Section 408.020 allows creditors to receive pre-judgment interest on liquidated claims after demand for payment is made. ... Although the demand need be in no certain form, it must be definite as to amount and time. ... We hold that, under the circumstances of this equitable proceeding, the filing of the lawsuit by plaintiff did not constitute a sufficient demand in this case.

Section 408.020 allows a lawsuit to serve as the demand for payment on an unwritten account, permitting prejudgment interest.

A.G. Edwards & Sons, Inc. v. Drew · filed 1998-07-31

The filing of the suit by AGE substitutes for a demand of payment on the unwritten account. Therefore, an award of prejudgment interest is allowable under section 408.020.

Section 408.020 requires a demand for payment before prejudgment interest begins to accrue on an account.

Eckert v. LVNV FUNDING LLC · filed 2009-07-28

Missouri law requires demand be made before the prejudgment interest may begin to accrue.

Section 408.020 requires a demand for payment on a spouse before prejudgment interest on the other spouse’s medical debt begins to accrue against that spouse.

Gregory v. Barton · filed 2020-12-31

Thus, the Court finds that Gregory’s responsibility for interest under § 408.020 did not begin to accrue until Defendants demanded payment via the collection letter.

Section 408.020 requires a sufficiently definite demand before prejudgment interest accrues; a complaint giving only an estimated total without the information needed to calculate the amount does not qualify.

CitiMortgage, Inc. v. Platinum Home Mortgage, Corp. · filed 2021-04-23

The Court concludes CMI’s Complaint itself was not sufficiently definite to constitute a demand for payment under section 408.020, and it agrees with Platinum that CMI’s demand became sufficiently definite during discovery.

Under § 408.020, an invoice can satisfy the demand requirement for prejudgment interest when it states the amount owed and the time for payment.

Jacobson Warehouse Co., Inc. v. Schnuck Markets, Inc. · filed 2021-09-07

Contrary to SMI’s argument, Missouri courts have recognized that invoices qualify as demands for payment. ... The district court did not err in finding that XPO’s invoices to SMI were definite as to the amount owed and the time within which to be paid.

Section 408.020 permits prejudgment interest on an unpaid account only after payment becomes due and is demanded; interest must be calculated from the demand date.

Maxus Metropolitan, LLC v. Travelers Property Casualty Co. · filed 2025-11-17

Missouri law does not allow interest to be charged on an account until payment for it has been demanded.

Section 408.020 entitles a successful property-insurance claimant to interest on the amount due, and the jury may be directed to award it.

Schultz v. Queen Insurance Company · filed 1965-12-21

This statute applies to insurance policies generally (Brown, etc., v. Railway Passenger Assurance Co., 45 Mo. 221, 1. c. 227; Keeton v. National Union, Mo.App., 182 S.W. 798 [8]), and to property insurance in particular (Payne v. Bankers' & Shippers' Ins. Co. of New York, 229 Mo.App. 901, 77 S.W.2d 183[10]; Boenzle v. United States Fidelity & Guaranty Co., Mo.App., 258 S.W.2d 938 [9]). ... We rule that both of defendants’ objections to Instruction No. 2 are without merit.

Section 408.020 treats a demand for a sum due under a written contract as an account eligible for prejudgment interest.

Herbert & Brooner Construction Co. v. Golden · filed 1973-09-04

Plaintiff’s demand made by the May 20, 1970 certificates of payment for a sum admittedly due upon a written contract was an “account” within the intendment of § 408.020.

Section 408.020 provides 9% interest on insurance proceeds from when the claim becomes due and payable under the policy, calculated on the recovery after applicable credits.

Travelers Indemnity Co. v. Woods · filed 1983-12-22

Defendants were entitled to interest at 9% from the date that their claim became due and payable under the policy. ... The full recovery was $82,000 and the credit allowed of $38,772.94 reduced the policy recovery in the judgment to $43,222.06. Interest at 9% on the latter amount for the period stated in the instruction is $4,960.29 and the interest must be reduced to this amount.

Section 408.020 allows prejudgment interest on a liquidated quantum meruit claim after demand for payment, and filing suit constitutes a demand at the latest.

General Aggregate Corp. v. LaBrayere · filed 1984-02-07

Section 408.020, RSMo.1978, allows a creditor pre-judgment interest on liquidated claims after demand of payment is made. Even though this is an action in quantum meruit, that does not render plaintiff’s claim unliquidated. ... In any event, plaintiff is considered to have demanded payment no later than the day suit was filed.

Section 408.020 provides 9% prejudgment interest on an insurance claim from the date the claim becomes payable.

Francka v. Fire Insurance Exchange · filed 1984-03-07

The general rule is that a policyholder is entitled to interest at the proper rate, at present 9%, ... § 408.020, RSMo Supp.1982, from the date that the claim became payable under the policy. ... Here it became payable when defendant denied the claim, which was prior to the date from which the jury was instructed to compute interest.

Section 408.020 allows prejudgment interest on a liquidated claim even when the claimant recovers less than demanded.

Knight v. DeMarea · filed 1984-03-20

Under § 408.020, RSMo 1978, Knight was entitled to prejudgment interest on her liquidated claimed amount. ... Although Knight claimed she was entitled to $27,500 and received judgment for only $6,125 she is not deprived of the right to prejudgment interest on the amount actually awarded.

Section 408.020 requires prejudgment interest on a liquidated written-contract claim once payment becomes due; the award is not discretionary.

Huffstutter v. Michigan Mutual Insurance Co. · filed 1989-08-01

Here the demand is liquidated. Equitable principles of fairness and justice may not be considered when awarding prejudgment interest on a liquidated demand. An award of prejudgment interest in a case where § 408.020 is applicable is not a matter of court discretion; it is compelled.

Section 408.020 requires prejudgment interest on an ascertainable amount due under an insurance contract when payment has been demanded.

Parker v. National Foundation Life Insurance Co. · filed 1991-01-08

Section 408.020 has been applied to mandate an award of prejudgment interest where a demand was made in the petition and the amount due under the contract is readily ascertainable. Garrett v. Citizens Sav. Ass’n., 636 S.W.2d 104, 112 (Mo.App.1982). Thus, appellant is entitled to prejudgment interest on the $500.00 accruing from October 7, 1987, pursuant to § 408.020, RSMo 1986 to the date of satisfaction, pursuant to § 408.040, RSMo 1986.

Section 408.020 does not require prejudgment interest on a claim for past child expenses when the amount depends on the court’s determination and is therefore unliquidated.

R.E.M. v. R.C.M. · filed 1991-02-26

Mother asserts the trial court erred in failing to award pre-judgment interest under § 408.020, RSMo 1986. Mother is incorrect. ... Since the amount due mother was contingent upon the court’s determination under the Uniform Parentage Act, the claim was unliquidated. No interest was due on mother’s unliquidated claim because father did not know the amount he owed and could not be in default for not paying.

Section 408.020 sets a nine percent annual interest rate when no other rate is agreed upon, including for interest recoverable on converted property.

Biermann v. Gus Shaffar Ford, Inc. · filed 1991-03-11

The rate of interest allowable is that prescribed by § 408.020, RSMo 1986 (nine percent per annum when no other rate is agreed upon).

Section 408.020 allows a creditor prejudgment interest on a liquidated claim after demanding payment.

AGS Insurance Fund v. Jetco Heating & Air Conditioning, Inc. · filed 1991-09-17

Section 408.020, RSMo 1986 allows a creditor prejudgment interest on liquidated claims after demand for payment is made.

Section 408.020 requires prejudgment interest on a liquidated claim within its scope when the creditor has pleaded interest.

Holtmeier v. Dayani · filed 1993-09-14

Accordingly, the trial court erred in denying Holtmeier prejudgment interest. This point is reversed and remanded with instructions to the trial court to enter judgment for Holtmeier with prejudgment interest, as provided in Section 408.020 RSMo 1986, running from January 1, 1989.

Section 408.020 does not allow prejudgment interest on a written-contract claim when the amount owed is unliquidated.

DynaCon Builders v. Janowitz · filed 1995-02-14

Section 408.020, RSMo 1986, says, “Creditors shall be allowed to receive interest at the rate of nine percent per annum, when no other rate is agreed upon, for all moneys after they become due and payable, on written contracts[.]” The issue becomes then whether the $125,000 maximum was “due and payable.” It was not. ... Because DynaCon Builders’ claim was not liquidated, we reverse the trial court’s judgment awarding DynaCon Builders prejudgment interest.

Section 408.020 allows nine percent annual prejudgment interest, absent an agreed rate, on a liquidated debt after it becomes due and payment is demanded.

Transit Casualty Co. v. Selective Ins. Co. · filed 1997-09-05

The Missouri Code provides: “Creditors shall be allowed to receive interest at the rate of nine percent per annum, when no other rate is agreed upon, for all moneys after they become due and demand of payment is made.” Mo. Rev. Stat. § 408.020 (1997) In Missouri, prejudgment interest will be awarded only on liquidated claims, and a claim is liquidated when it is “fixed and determined or readily ascertainable by computation or recognized standard.” Schnucks v. Carrollton Corp. v. Bridgeton Health and Fitness, Inc., 884 S.W.2d 733, 740 (1994). Under this standard, Transit’s claims under the contracts were ascertainable at the date of the demand. Transit is entitled to prejudgment interest in accordance with the district court’s order of November 13, 1996.

Section 408.020 allows nine percent annual prejudgment interest when no other rate is agreed upon, once a liquidated debt is due and payment is demanded.

Transit Casualty Co. v. Selective Ins. Co. · filed 1998-02-18

The Missouri Code provides: “Creditors shall be allowed to receive interest at the rate of nine percent per annum, when no other rate is agreed upon, for all moneys after they become due and demand of payment is made.” Mo. Rev. Stat. § 408.020 (1997) In Missouri, prejudgment interest will be awarded only on liquidated claims, and a claim is liquidated when it is “fixed and determined or readily ascertainable by computation or recognized standard.” Schnucks v. Carrollton Corp. v. Bridgeton Health and Fitness, Inc., 884 S.W.2d 733, 740 (1994). Under this standard, Transit’s claims under the contracts were ascertainable at the date of the demand. Transit is entitled to prejudgment interest to be fixed by the district court in its judgment on remand.

Section 408.020 allows prejudgment interest after demand when the amount due is liquidated or readily ascertainable.

Transit Casualty Company v. Selective Insurance Company of the Southeast · filed 1998-04-07

Under this standard, Transit’s claims under the contracts were ascertainable at the date of the demand. Transit is entitled to prejudgment interest to be fixed by the district court in its judgment on remand.

Section 408.020 does not provide prejudgment interest on a tort claim.

Union Pacific Railroad v. Carrier Consultants, Inc. · filed 1998-06-09

Section 408.020 RSMo 1994. None of the categories listed in this statute apply to a tort claim.

Section 408.020 allows prejudgment interest on liquidated amounts due under a written contract.

City of St. Peters v. Hill · filed 1999-10-26

The evidence supports a finding that the rent claim was for liquidated damages. The court erred in not awarding plaintiff pre-judgment interest.

Section 408.020 allows 9% prejudgment interest on actual cash value insurance damages from the date the claim becomes payable under the policy.

Miller v. Farm Bureau Town & Country Insurance Co. of Missouri · filed 1999-12-17

“The general rule is that a policyholder is entitled to interest at the proper rate, at present 9%, § 408.020, RSMo Supp.1982, from the date that the claim became payable under the policy.”... This court holds that plaintiffs are entitled to interest at the rate of 9% per annum on the damages under the actual cash value settlement provision of the policy. Prejudgment interest shall be calculated from the date plaintiffs’ claim for actual cash value damages became payable under the policy terms.

Section 408.020 provides prejudgment interest on a liquidated claim after the creditor demands payment.

Baris v. Layton · filed 2001-02-20

Under section 408.020, prejudgment interest is only awardable on liquidated claims. ... Section 408.020 allows a creditor prejudgment interest on liquidated claims only after demand of payment is made. ... This point is reversed and remanded with directions to enter judgment for Attorney with prejudgment interest, as provided in section 408.020, running from March 27, 1995.

Section 408.020 permits prejudgment interest on liquidated claims, but not on uninsured motorist claims whose damages cannot be reasonably determined.

McKinney v. State Farm Mutual Insurance · filed 2003-10-28

Likewise, under section 408.020, a trial court may award prejudgment interest on a liquidated claim. Here, Mr. McKinney’s claim was unliquidated because it was not capable of reasonable determination. The trial court erred in awarding prejudgment interest on Mr. McKinney’s uninsured motorist claim pursuant to section 408.020.

Section 408.020 does not authorize prejudgment interest on fraud and conspiracy claims that sound in tort.

Sequa Corp. v. Cooper · filed 2003-11-25

In the case before us, however, SESI’s cause of action did not fall into one of the categories for which section 408.020 authorized interest. SESI did not sue either to enforce the promissory note or to rescind the agreement to discount the note. SESI’s action was in fraud and conspiracy to commit fraud and thus sounded in tort.

Section 408.020 permits 9% prejudgment interest on insurance proceeds from the date of demand.

Blum v. Allstate Ins. Co. · filed 2003-12-15

Finally, Blum seeks 9% pre-judgment interest, pursuant to Mo.Rev.Stat. § 408.020, on whatever amount he is owed by Allstate since the day of his demand under the policy, which was November 21, 2002. Allstate does not challenge plaintiff's request, which I will grant.

Section 408.020 allows nine percent prejudgment interest on an excess insurer’s claim for expenses paid on a primary insurer’s behalf after payment becomes due and is demanded.

Reliance Ins. Co. v. Chitwood · filed 2006-01-10

Recent case law supports interpreting § 408.020 to allow prejudgment interest on a claim for indemnity by an excess insurer against a primary insurer.

Section 408.020 requires prejudgment interest on a liquidated breach of fiduciary duty claim when the breach benefited the defendant and the claimant demanded payment.

Rois v. H.C. Sharp Co. · filed 2006-10-17

In conclusion, we find Sharp’s claim fell within the exception to the general rule and within the parameters of Section 408.020. Moreover, we hold Sharp’s claim was liquidated and readily ascertainable as of October 31, 2000. As a result, “the award of prejudgment interest in a case in which Section 408.020 is applicable is not a matter of court discretion; it is compelled.”

Section 408.020 permits prejudgment interest on quantum meruit claims for commercial services when their reasonable value can be objectively determined.

Trinity Products v. Burgess Steel · filed 2007-05-07

A plaintiff may recover interest on a quantum meruit claim under § 408.020. ... A quantum meruit claim for commercial services is liquidated if the reasonable value of those services can be objectively determined, because the defendant was under a duty to liquidate and pay that amount.

Section 408.020 allows prejudgment interest on quantum meruit claims when the amount owed is readily ascertainable, but not when the claim is unliquidated.

Trinity Products, Inc., Plaintiff-Appellee/cross v. Burgess Steel, L.L.C., Defendant-Appellant/cross · filed 2007-05-07

A plaintiff may recover interest on a quantum meruit claim under § 408.020. ... Here, Trinity’s Count IV claims for additional stub outs ($3,300), for providing additional transportation services ($8,000), and for shipping the first north tower from the project site ($4,000), were readily ascertainable. Accordingly, we reverse the denial of prejudgment interest on those claims. However, for the same reason that Trinity’s motion for additur was denied, its quantum meruit claim for furnishing the second north tower was unliquidat-ed. Therefore, the district court properly denied prejudgment interest on the jury verdict on that claim ($43,360).

Section 408.020 provides nine percent prejudgment interest on liquidated claims after demand when no other rate is agreed upon; filing suit constitutes a demand.

Hawk Isolutions Group, Inc. v. Morris · filed 2009-05-19

Section 408.020 permits a plaintiff to receive prejudgment interest at a rate of nine percent per annum, when no other rate is agreed upon, for liquidated claims after demand of payment is made. ... We agree with Plaintiff that section 408.020 is applicable to this case so that an award of prejudgment interest was compelled.

Section 408.020 requires prejudgment interest on a liquidated claim whose amount is readily ascertainable by computation.

Comens v. SSM St. Charles Clinic Medical Group, Inc. · filed 2011-03-08

Since Doctor’s claim for breach of contract damages was liquidated and readily ascertainable, the trial court’s judgment is reversed, and the cause is remanded with instructions to award Doctor prejudgment interest as provided in Section 408.020.

Section 408.020 permits prejudgment interest when the amount due is liquidated and payment has been demanded, including on a quantum meruit claim.

City of Cape Girardeau ex rel. Kluesner Concreters v. Jokerst, Inc. · filed 2013-06-11

A trial court is authorized to include prejudgment interest in an award of damages where the amount due was liquidated and demand of payment was made. Section 408.020, RSMo. (Supp. 2012). The fact that an action is in quantum meruit does not render a claim unliq-uidated.

Section 408.020 allows nine percent prejudgment interest on a fixed claim even when liability is disputed.

Travelers Property Casualty Insurance v. National Union Insurance · filed 2013-11-01

The mere fact that a claim is disputed, however, does not make a claim "unliquidated" for the purpose of section 408.020.

Section 408.020 requires 9% prejudgment interest on a readily ascertainable claim even when liability is disputed.

Travelers Property Casualty I v. National Union Insurance · filed 2013-11-01

The mere fact that a claim is disputed, however, does not make a claim "unliquidated" for the purpose of section 408.020.

Section 408.020 permits prejudgment interest on an insurance claim when the amount is readily ascertainable by computation or a recognized standard.

Labrier v. State Farm Fire & Casualty Co. · filed 2015-11-30

But prejudgment interest may only be awarded where the claim is liquidated. ... Accordingly, the claim is liquidated, and is definite as to amount and time. State Farm’s request to dismiss the claim for pre-judgment interest is denied.

Interest under § 408.020 on overdue refunds may be waived by ordinance and contract terms.

Home Builders Ass'n of Greater Kansas City v. Kansas City · filed 1971-03-08

The provision of ordinance 27276 and the contract terms waived interest which would otherwise be assessed under § 408.020 but not interest on a judgment as provided for by § 408.040.

Section 408.020 allows nine percent annual interest on an unpaid lease balance.

Industry Financial Corp. v. Ozark Community Mental Health Center, Inc. · filed 1989-10-13

The trial court is to enter judgment in favor of Industry and against Ozark in the amount of $9,300.45 with interest at the rate of nine percent per annum from January 9, 1981.

Section 408.020 provides interest on unpaid rent and utilities owed under a lease.

Windsor Real Estate & Mortgage Co. v. Ruma · filed 1986-03-25

The trial court is directed to enter judgment for plaintiff for (1) unpaid rent and utilities for the period between January 1, 1981 and October 31, 1981; (2) interest due pursuant to Section 408.020, RSMo.1978; and (3) costs, attorney’s fees and expenses incurred in the prosecution of this lawsuit, pursuant to paragraph 38 of the lease.

When a note provides for interest without specifying a rate, the legal rate in effect when the note was executed applies despite a later statutory increase.

Prange v. Prange · filed 1988-09-13

Missouri’s judgment rate was six percent when the note was executed. § 408.020, RSMo 1978. The judgment rate was increased to nine percent effective September 28, 1979. § 408.020, RSMo 1986. ... Thus, Emerson is entitled to have plaintiffs’ judgment reduced by $8,547.12, the amount of the note, plus six percent interest from January 17, 1956 to February 3, 1986, less the payment made of $1,062.20.

Section 408.020 sets a 9% annual interest rate when the parties have not agreed on another rate.

Bank of Kirksville v. Small · filed 1989-03-14

The answer to this argument is that the interest is fixed by statute and not by contract. Since the note left the percent blank, the parties did not agree on a rate of interest. Section 408.020, provides creditors shall receive interest at the rate of 9% per annum when no other rate is agreed upon.

Section 408.020’s nine percent rate does not apply when parties agreed to an interest rate tied to a lender, even if that lender later began charging different rates.

Coughenour v. Bates · filed 1990-03-05

The quarrel did not occur because the parties had failed to agree on an interest rate, it occurred because the institution whose rate the parties had agreed to use began charging various rates. Applying the rationale of Bruce, we reject plaintiff’s contention that the trial court should have applied § 408.020.

Section 408.020’s nine percent annual rate does not apply to delinquent sewer charges when a city ordinance specifies a one percent monthly charge.

City of Lexington v. Seaton · filed 1991-11-19

Here, the city adopted an ordinance with the one per cent a month delinquency charge specified, so the nine percent rate would not apply.

Section 408.020 requires prejudgment interest when the amount due is liquidated or readily ascertainable.

DIERKER ASSOCIATES, DC, PC v. Gillis · filed 1993-06-22

This statute requires prejudgment interest to be awarded whenever the amount due is liquidated or, if not strictly liquidated, readily ascertainable by reference to recognized standards.

Section 408.020 permits prejudgment interest when the amount due is liquidated or readily determinable by computation or a recognized standard.

City of Sullivan v. Truckstop Restaurants, Inc. · filed 2004-08-31

Prejudgment interest under Section 408.020 RSMo 2000 is appropriate when the amount that is due is liquidated or readily determinable by computation or by reference to a recognized standard.

Section 408.020 does not authorize prejudgment interest when no amount is found to be owed to the plaintiff.

Assurance General Contracting, LLC v. Helal Ekramuddin, Respondents/Cross-Appellants. · filed 2020-04-14

It is here that we find the problem with the statutory claim for pre-judgment interest pursuant to Section 408.020. There was no amount found to be owed by Respondent to AGC/Appellant, either “liquidated or readily ascertainable.”

Section 408.020 allows prejudgment interest on a contract claim whose amount is ascertainable by computation, even when liability is disputed.

Far East Services Corp. v. Tracker Marine, L.L.C. · filed 2007-12-03

Tracker argues that Far East’s claim was not liquidated as required for the application of section 408.020 to support a prejudgment interest award, in that both Far East’s “theory of recovery and the amount at issue were uncertain and disputed through the date of judgment.” We disagree. ... Obviously, the amount of the claim is ascertainable by computation and, as such, is liquidated.

Section 408.020 allows nine percent prejudgment interest on an unpaid fixed contractual amount from the date of breach.

Dependahl v. Falstaff Brewing Corp. · filed 1980-06-09

The Severance Policy was a contract to pay a fixed amount of money at a certain date, the breach of which entitles plaintiffs to recovery of the principal amount, plus interest from the date of the breach. Royal Indemnity Co. v. United States, 313 U.S. 289, 61 S.Ct. 995, 85 L.Ed. 1361 (1941); Sebree v. Rosen, 374 S.W.2d 132 (Mo.1964); § 408.020 R.S.Mo. (1979). As to plaintiff Calhoun, the interest shall run from August 8, 1975, the date of his dismissal and denial of benefits. As to plaintiffs Dependahl and Healy, the interest shall run from June 4, 1975, the date on which Kalmanovitz and Falstaff informed these plaintiffs that the payments were terminated. A rate of nine percent (9%) will be allowed. § 408.020 R.S.Mo. (1979).

Section 408.020 allows prejudgment interest from the date of demand until judgment when the claimant establishes the demanded claim, even if the amount was disputed.

Cotton v. 71 Highway Mini-Warehouse · filed 1981-03-30

The record demonstrates that Whelan’s claim was not a liquidated claim because there was a dispute as to the number of trusses that were actually delivered. However, Whelan’s did file its mechanic’s lien statement on November 8, 1978, which would have constituted a demand for payment. Whelan’s would be entitled to prejudgment interest at the statutory rate from the date of demand until judgment if it succeeded in establishing its claim under the demand. That is the case here. Whelan’s is, therefore, entitled to prejudgment interest from November 8, 1978 until September 28,1979 at the rate of 6 percent, and thereafter until the date of judgment at the rate of 9 percent.

Section 408.020 provides prejudgment interest from the date of demand when the amount due is readily ascertainable, even if liability is disputed.

Garrett v. Citizens Savings Ass'n · filed 1982-05-11

Plaintiffs are entitled to prejudgment interest at the rate of 6% on the total usurious amount of $13,282.07 ($9,532.07 interest and $3,750 held as interest) from and after the date of demand through September 28, 1979, § 408.020, RSMo 1969, and at the rate of 9% from and after September 28, 1979, until judgment of September 15,1980, § 408.020, RSMo Supp.1979, for total prejudgment interest of $3,460.13.

Section 408.020 allows interest on overdue payments under a written contract from the dates they should have been paid.

Fedor v. Strelow · filed 1983-03-08

Wife also correctly contends she is entitled to interest on the unpaid sale proceeds and delinquent monthly payments from the dates they should have been paid to her.

Section 408.020 requires prejudgment interest on money due under a written contract when the amount is ascertainable.

Twin River Construction Co. v. Public Water District No. 6 · filed 1983-05-24

Moreover, § 408.020 RSMo (1978) (1982 Supp.) mandates that interest be awarded to creditors “for all monies after they become due and payable, on written contracts .... ” We hold that the amount due was ascertainable at the time of the contract’s termination.

Section 408.020 allows nine percent annual prejudgment interest on a contract balance that is readily ascertainable by calculation.

Killian Construction Co. v. Tri-City Construction Co. · filed 1985-05-14

Nor, in any event, do we agree that the Killian claim for final payment was an unliquidated claim until rendered into a judgment, and so was not entitled to accrue the statutory interest of nine percent per annum from the date of the completion of the contract.

Section 408.020 permits prejudgment interest on liquidated or readily ascertainable damages, and the trial court may calculate that interest when only arithmetic remains.

California & Hawaiian Sugar Company v. Kansas City Terminal Warehouse Company, Inc. · filed 1986-04-16

Thus the damages awarded for breach of contract and breach of warehouseman’s duty fell within the scope of section 408.020. ... When the amount due is liquidated or readily ascertainable and the prejudgment interest depends merely upon mathematical computation pursuant to section 408.020, it is permissible under Missouri law for the trial court, rather than the jury, to perform the mathematical process of computing the interest.

Section 408.020 allows nine percent prejudgment interest on a liquidated attorney fee claim after demand, even when the award is less than the amount billed.

Whalen v. Estate of Roberts · filed 1986-06-10

The legal rate of interest is nine percent. Section 408.020 RSMo.1978. This statute allows a creditor pre-judgment interest on liquidated claims after demand for payment is made. ... That appellants did not receive an award for the full amount of the claim does not bar the right to receive pre-judgment interest on the amount the trial court actually awarded to appellants. The trial court erred in not awarding appellants prejudgment interest on the award of $7,633.57.

Section 408.020 allows nine percent prejudgment interest on an ascertainable insurance contract claim from the date the insurer offers less than the amount owed.

Grantham v. Shelter Mutual Insurance Co. · filed 1986-12-16

The Granthams argue that under § 408.020 RSMo, Cum.Supp.1984, they were entitled to prejudgment interest on their claim from the date of November 4, 1983, when Shelter replied to their proof of loss by offering only to pay an amount less than the full claim. The Granthams’ claim was a contractual claim for an ascertainable amount, and therefore they are entitled to prejudgment interest at nine per cent from November 4,1983.

Section 408.020 does not allow prejudgment interest on damages based on lost profits.

Universal Power Systems, Inc. v. Godfather's Pizza, Inc., (Two Cases) Universal Power Systems, Inc. v. Godfather's Pizza, Inc., (Two Cases) · filed 1987-06-19

Accordingly, whatever the law may be in other states, Scullin Steel makes clear that in Missouri, pre-judgment interest is unavailable where, as here, damages are based on lost profits.

Section 408.020 authorizes nine percent annual prejudgment interest on contract claims from the date the claim becomes due and payable.

California & Hawaiian Sugar Co. v. Kansas City Terminal Warehouse Co. · filed 1985-01-11

Section 408.020 authorizes the award of prejudgment interest (9% per annum) on contract claims from the date the claim became due and payable.

Section 408.020 allows prejudgment interest when the amount due is liquidated or readily ascertainable by recognized standards.

US Durum Milling, Inc. v. Frescala Foods, Inc. · filed 1992-03-04

Under Missouri law, the Court shall award prejudgment interest whenever the amount due is "liquidated or, although not strictly liquidated, is readily ascertainable by reference to recognized standards." Saint Joseph Light & Power Co. v. Zurich Ins. Co., 698 F.2d 1351, 1355 (8th Cir.1983) (citing Denton Constr. Co. v. Missouri State Highway Comm'n, 454 S.W.2d 44, 59-60 (Mo.1970) and Mo.Rev.Stat. § 408.020 (Supp.1982)). Accordingly, the Court will award prejudgment interest on the sum of $5,665.64 from September 30, 1988 to the date of judgment and on the sum of $37,400.00 from December 31, 1988 to the date of judgment.

Section 408.020 allows prejudgment interest on money due under a written contract without requiring a demand for payment.

Wulfing v. Kansas City Southern Industries, Inc. · filed 1992-11-03

The premise that in a claim for money damages for breach of a written contract, demand upon the contractee initiates accrual of prejudgment interest is found in neither § 408.020 nor in our authoritative decisions.

Section 408.020 allows prejudgment interest on payments due under an oral agreement when a demand has been made.

Schnucks Carrollton Corp. v. Bridgeton Health & Fitness Inc. · filed 1994-10-11

Section 408.020 allows interest on payments due under an oral agreement if a demand has been made.

Section 408.020 supplies the interest rate when the parties have not agreed on one, and permits prejudgment interest on damages ascertainable by a recognized standard despite disputed valuations.

Unlimited Equipment Lines, Inc. v. Graphic Arts Centre, Inc. · filed 1994-12-13

If no other rate of interest is agreed upon, § 408.020 RSMo (1986) applies. ... If damages are ascertainable the exception is recognized even if there is a dispute over monetary value or the parties’ experts compute differing estimates of damage. ... The trial court did not err in awarding statutory prejudgment interest.

Section 408.020 requires prejudgment interest on a contractual claim for the reasonable value of attorneys' services even when the amount is unliquidated.

Farmland Industries, Inc. v. Frazier-Parrott Commodities · filed 1997-04-15

We conclude that this case falls within this exception to the general rule and requires an award of prejudgment interest on Heinold Holdings' claim for attorneys' fees.

Section 408.020 allows prejudgment interest on a fixed contract balance despite a dispute over the amount owed, subject to an offset for damages under the same contract.

Walton General Contractors, Inc. v. Chicago Forming, Inc. · filed 1997-04-22

The jury’s award reflected a fixed and determined amount because both parties agreed that $352,408 remained unpaid under the subcontract. Although the contractor raised a bona fide dispute as to the amount due in light of the subcontractor’s defective performance, that dispute fails to preclude the subcontractor’s recovery of prejudgment interest subject to any offset.

Section 408.020 allows nine percent prejudgment interest on workers’ compensation medical expenses when the expenses are due, readily ascertainable, and demanded.

McCormack v. Stewart Enterprises, Inc. · filed 1997-09-16

If McCormack satisfies the three requirements set forth here, he is entitled to prejudgment interest on his medical expenses, at the statutory rate of nine percent, in compliance with § 408.020.

Section 408.020 allows prejudgment interest on medical expenses when the expenses are due, their amount is readily ascertainable, and the claimant has demanded payment from the employer.

Pemberton v. 3M Co. · filed 1999-05-25

Under § 408.020, three requirements must be met before prejudgment interest is awarded. ... A claimant must establish that his medical expenses are due, that the amount of his medical expenses are readily ascertainable, and that he made a demand on his employer to pay the medical expenses.

Section 408.020 allows nine percent prejudgment interest on an ascertainable amount due under a written contract when the parties agreed to no other rate.

Burlington Northern & Santa Fe Railway Co. v. Kansas City Southern Railway Co. · filed 1999-08-16

Under Missouri law, prejudgment interest is awardable “at the rate of nine percent per annum, when no other rate is agreed upon, for all moneys after they become due and payable, on written contracts, and on accounts after they become due and demand of payment is made....” Mo.Rev.Stat. § 408.020 (1994). ... Thus, the court concludes that the damages owed by defendant as of the date that plaintiff chose to exercise its option to demand cash payment for defendant’s uncured deficit were readily ascertainable. The court therefore concludes that plaintiff is entitled to prejudgment interest in this case.

Section 408.020 provides nine percent interest on amounts due under a contract when no different interest term applies.

AC JACOBS & CO., INC. v. Union Elec. Co. · filed 2000-05-16

Section 408.020, RSMo 1994, which provides that a nine percent rate of interest is payable for amounts due under contracts when no rate of interest is specified, does not apply in this case. Section 408.020 is inapplicable when a different rate is agreed upon by the parties.

Section 408.020 sets the legal interest rate on contracts at nine percent.

RPM Plumbing Mechanical, Inc. v. Jim Plunkett, Inc. · filed 2001-04-10

Section 408.020, RSMo 1994, provides, however, that the legal rate of interest on contracts is nine percent. Thus, pursuant to § 408.020, RPM was entitled to nine percent interest on the $3160 judgment that Plunkett admitted it owed RPM under the contract.

Section 408.020 allows prejudgment interest on unpaid rent when the amount due is fixed and ascertainable.

Miller v. Gammon & Sons, Inc. · filed 2001-11-13

Here, the rental payments due under the lease were fixed and ascertainable. ... Thus, Lessors are entitled to prejudgment interest for the portion of the rent due for March 1998.

Section 408.020 allows prejudgment interest on breach of contract damages that are liquidated or readily ascertainable, even when liability is disputed.

Midwest Asbestos Abatement Corp. v. Brooks · filed 2002-10-29

A party is entitled to prejudgment interest, under Section 408.020 RSMo 1994, on damages for breach of contract if the amount is liquidated or readily ascertainable by reference to recognized standards. ... Consequently the amount of damages was readily ascertainable.

Section 408.020 allows an excess insurer nine percent prejudgment interest on reimbursement owed by a primary insurer after the amount becomes due and payment is demanded.

Reliance Insurance Company in Liquidation v. Stephen Chitwood Continental Western Insurance Company · filed 2006-01-10

Having determined that Missouri law authorizes prejudgment interest, at the rate of nine percent per annum, on the $41,244.25 judgment in Reliance’s favor, it remains to consider when the prejudgment interest began to accrue. As we noted above, § 408.020 allows prejudgment interest “on accounts after they become due and demand of payment is made.”

Section 408.020 allows prejudgment interest on money due under a contract’s terms, but not on consequential damages resulting from a breach.

Kozeny Wagner, Inc. v. Simplex Grinnell, Lp · filed 2010-09-14

On that issue we follow the traditional view and Missouri precedent that prejudgment interest is recoverable on moneys due pursuant to the terms of the contract but not for consequential damages resulting from breach of the contract.

Section 408.020 supplies a nine percent prejudgment interest rate on delinquent municipal license taxes until the more specific interest statute takes effect.

City of Aurora, Missouri, Respondents/Cross-Appellants v. Spectra Communications Group, LLC, d/b/a CenturyLink, Appellan · filed 2019-12-24

In this case, prejudgment interest accrued at the rate of nine percent per annum under section 408.020 prior to August 28, 2012 (the effective date of section 71.625.2, RSMo Supp. 2012). On August 28, 2012, the rate of interest applicable by virtue of sections 71.625.2, RSMo Supp. 2012, 144.170, and 32.065 and 12 C.S.R. 10-41.010(1) was three percent.

Section 408.020 allows prejudgment interest on liquidated contract damages owed to policyholders, including those whose policies remained in force.

Vogt v. State Farm Life Insurance Company · filed 2020-11-17

As there is no dispute that those who held policies that remained in force after December 1, 2017—the last date for the policy-level transaction data that State Farm produced—were not awarded prejudgment interest (or corresponding damages) from that date forward, those policyholders, like the other class members, are entitled to prejudgment interest on the monies that the jury found were owed to them as of December 1, 2017.

Section 408.020 permits prejudgment interest when a contract’s exclusion of additional interest costs does not bar interest for late payment.

HHS Technology Group Holdings, LLC. v. State of Missouri · filed 2025-01-14

Thus, reading the reference to “interest” in the full context of § 4.3.1, we conclude that the reference does not preclude prejudgment interest when such interest is otherwise authorized by § 408.020.

Section 408.020 provided a 6% annual interest rate as of April 18, 1978.

Babcock v. Kratzer (In Re Kratzer) · filed 1981-03-13

As of April 18, 1978, section 408.020 RSMo provided for interest at the rate of 6% per annum.

Section 408.020's increase from six to nine percent applies prospectively, so liability accrued before September 29, 1979 bears interest at six percent.

Ryder Truck Rental v. US Fidelity & Guaranty Co. · filed 1981-11-06

Section 408.020 was amended, effective September 29, 1979, to increase the rate of interest to nine per cent (9%) per annum. However, that amendment may be applied prospectively only. See Mo.Const.Art. 1, § 13. Because liability here accrued prior to the effective date of the amendment, the lower rate of interest controls.

Section 408.020 set the legal interest rate at 6% until September 28, 1979, and 9% thereafter.

Nika Corp. v. City of Kansas City, Mo. · filed 1984-02-24

As set by § 408.020, R.S.Mo.1969 (as amended), that rate would be 6% until September 28, 1979, and 9% thereafter.

Section 408.020 sets prejudgment interest at nine percent per year for periods after September 28, 1979.

Folz v. Marriott Corp. · filed 1984-08-31

Pursuant to Mo.Rev.Stat. § 408.020, pre-judgment interest in Missouri is to be computed at the rate of nine percent per annum for periods after September 28, 1979.

Section 408.020’s legal interest rate is 6 percent before September 28, 1979, and 9 percent from that date forward when calculating interest on a usurious note.

U.S. Life Title Insurance Co. v. Brents · filed 1984-10-10

U.S. Life Title has the better of the argument. The 6 percent rate should be applied from the date of the note up to September 28, 1979, and the 9 percent rate applied from then on.

Section 408.020 supplies a nine percent annual rate for prejudgment interest on a back-pay award.

Donovan v. George Lai Contracting, Ltd. · filed 1985-07-22

Pursuant to Mo.Rev.Stat. § 408.020, prejudgment interest is to be computed at the rate of nine percent per annum.

Section 408.020 sets a 9% annual interest rate that the court applied to conversion damages.

Ericson State Bank v. Conner (In Re Conner) · filed 1986-03-11

The “ruling rate of interest” is 9% per annum. Section 408.020 RSMo.

Section 408.020 allows 9% annual interest on an unpaid account balance from the date the debt becomes due when the parties have not agreed to another rate.

Fire Sprinkler Fabricators Corp. v. Bert's Refrigeration, Inc. · filed 1988-06-28

The Court further finds that there was no agreement made by defendant to pay the 1V2% interest appearing on plaintiff's invoice. Therefore, plaintiff is entitled to interest on its account balance at the rate of 9% per year from July 20, 1985, the date on which the debt became due. Mo.Rev.Stat. § 408.020 (1986); Bartlow-Hope Electrical Corp. v. Herzog, supra.

When a usurious interest agreement is invalidated, § 408.020 limits the lender to 9% interest on the unpaid debt.

Addison v. Jester · filed 1988-08-02

The invalidation of the usurious contract leaves the parties with no agreement on the subject and limits the lender to a recovery of no more than 9% as § 408.020 specifies.

Section 408.020 allows creditors 9% annual interest when the parties have not agreed to another rate.

Gus T. Handge & Son Painting Co. v. First Bank & Trust Co. · filed 1988-09-06

In the absence of an agreed upon rate, § .408.020 provides that creditors will be allowed to receive 9% per annum. ... The trial court was not in error in finding the note satisfied the writing required by § 408.035.

Section 408.020 applies only when the parties have not agreed on an interest rate; an agreed rate excludes its application even if that rate is excessive.

Estate of Bruce v. Bruce · filed 1989-03-14

The parties agreed upon an interest rate of twelve percent. Therefore, even though the parties agreed upon an excessive rate under § 408.030.1 RSMo 1978, they did agree upon a specific rate of interest and § 408.020 is inapplicable.

Section 408.020 sets a nine percent rate for prejudgment interest on conversion damages.

Fricke v. Valley Production Credit Ass'n · filed 1989-09-12

Section 408.020 RSMo Supp.1980 prescribes the statutory interest rate to be nine percent. Thus, VPCA is entitled to receive judgment in the amount of $59,387.63, plus prejudgment interest at the statutory rate of nine percent from the date of the conversion of the proceeds of the five cattle sales.

Section 408.020 provides nine percent annual interest on an unpaid balance when the parties have no agreement on interest.

Stancil v. Fair · filed 1991-07-11

As there was no agreement on interest, plaintiff is entitled to interest at the rate of nine percent per annum as provided in § 408.020, RSMo 1986 and § 408.040, RSMo Supp. 1990.

Section 408.020 sets a nine percent interest rate when the parties have not agreed on another rate.

Fielder v. Credit Acceptance Corp. · filed 1998-08-04

However, those class members with blank post-maturity provisions are only awarded damages if they were charged excess interest above the nine percent (9%) default rate in section 408.020.

Section 408.020 supplies Missouri's default prejudgment interest rate when another statute awards interest without specifying a rate.

Swope v. Siegel-Robert · filed 2001-02-26

Although Mo. Rev. Stat. § 351.455 does not expressly refer to the interest rate specified by § 408.020, § 408.020 should be applied whenever a rate is not specified because it is the default prejudgment interest rate under Missouri law.

Section 408.020 supplies a nine percent annual interest rate for a wrongfully dishonored letter of credit that specifies no interest rate.

Amwest Sur. Ins. Co. v. Concord Bank · filed 2003-02-04

The LOC stands as its own contract and since it does not stipulate any specific interest rate, § 408.020 R.S.Mo. applies.

Section 408.020 requires nine percent prejudgment interest from the payment due date and does not permit equitable adjustments.

Emmenegger v. Bull Moose Tube Company · filed 2003-04-30

Section 408.020 does not allow for equitable adjustments but mandates prejudgment interest at the fixed rate of nine percent from the time payment is due.

Section 408.020 provides 9% annual prejudgment interest on money due when the parties have not agreed on another rate.

Ary Jewelers, L.L.C. v. Krigel · filed 2004-03-19

Accordingly, ARY is entitled to interest on its $1.5 million at 9% per annum from April 2, 2001 (the date it made demand for return of its escrowed funds) until May 29, 2002 (the date of judgment).

Section 408.020 requires 9% annual interest on money due under a contract from the date it should have been paid.

State v. Nationwide Life Insurance Co. · filed 2011-03-08

Judgment shall be entered in favor of the State and against Nationwide on Count I of the State’s Petition in the amount of $18,586,879.65, plus statutory interest thereon pursuant to section 408.020, RSMo 2000, at the rate of 9% per annum from and after June 2, 2006.

Section 408.020 allows prejudgment interest at an agreed contractual rate instead of the statutory nine percent rate.

Vogt v. State Farm Life Insurance Comp · filed 2020-06-26

Although we conclude the district court correctly denied Vogt’s request for prejudgment interest at the statutory rate, Vogt is entitled to prejudgment interest at the 4% rate contained in the contract.

Section 408.020 provides nine percent annual prejudgment interest on money due under a written contract when the parties have agreed on no other rate.

Skipton v. RevHoney, Inc. · filed 2021-06-30

Here, because neither the ERA nor MSA provided for an applicable interest rate under the contracts’ terms, this statute and the applicable nine percent interest rate applies.

Section 408.020’s nine percent interest rate does not apply when the parties agreed to a 1.5% monthly late fee.

Willert Home Products, Inc. v. Driveline Retail Merchandising, Inc. · filed 2022-03-07

The Court finds that the late fee of 1.5% per month constitutes the agreed upon rate such that § 408.020 does not apply.

Section 408.020 sets the prejudgment interest rate at nine percent, including when a court awards interest in an equitable action.

Jet Midwest International Co., Ltd v. Ohadi · filed 2026-04-02

Under Missouri law, however, once prejudgment interest is awarded, the rate the court may impose is nine percent, as provided in Mo. Rev. Stat. § 408.020.

Section 408.020 provides a 9% annual interest rate on money due under a written contract when no other rate is agreed upon.

DRE Health Corporation v. Berkley Equity Limited · filed 2026-05-11

Therefore, DRE is entitled to prejudgment “statutory interest” at the rate of 9% per annum pursuant to § 408.020, RSMo.

Section 408.020 provides for prejudgment interest from the date the debtor receives a demand for payment, at the rate applicable during each period before judgment.

Scott v. Dowling · filed 1982-06-30

The record indicates that Dowling received notice of plaintiff’s demand on March 24, 1979. Plaintiff should receive interest from that date. § 408.020, RSMo 1978; § 408.-020, RSMo Supp.1980; ... The judgment is modified (See Rule 84.-14) to provide that plaintiff shall receive from defendant Dowling, in addition to $5,005.14, interest on that amount at 6 percent from March 24, 1979, until September 28,1979 and thereafter at 9 percent to April 8,1981, the date of judgment.

Section 408.020 permits prejudgment interest when the counterclaim alleges the necessary facts and requests interest in its prayer, even if its body does not specifically request interest.

Colletta & Sons, Inc. v. R.J. Stephens Drywall & Painting Co. · filed 1984-04-10

All of the facts necessary for an award of prejudgment interest were included in the body of the counterclaim and the prayer requested interest. That is sufficient to authorize an award of such interest under Sec. 408.020 RSMo 1982 Supp.

Section 408.020 allows prejudgment interest at nine percent per year on an unpaid commission from the date of sale.

Follman Properties Co. v. Daly · filed 1985-04-24

Under Mo.Rev.Stat. § 408.020, plaintiff is entitled to prejudgment interest at nine percent per annum from date of sale.

Section 408.020 governs prejudgment interest on a promissory note and a loan account.

Estell v. Estate of Iden · filed 1986-06-24

The judgment is reversed and the cause remanded with instructions to the trial court to enter a judgment for the claimant in the sum of $4091.76 with prejudgment interest at nine percent (the highest legal contract rate at maturity as required by the terms of the note) and in the sum of $896.24 without prejudgment interest on the statement of the loan account. Section 408.020 RSMo.Cum.Supp.1984.

Section 408.020 does not require a creditor to request interest specifically when the petition asks for general relief.

Stern Fixture Co. v. Layton · filed 1988-04-19

To claim the benefit of § 408.020, a plaintiff creditor need not specifically ask for interest in the prayer of his petition. A prayer that the court “grant such other and further relief as the court deems just and proper” is sufficient.

Section 408.020 permits prejudgment interest from the date of demand until judgment when a party establishes its claim under the demand.

Kim v. Conway & Forty, Inc. · filed 1989-04-25

The prejudgment interest statute, Section 408.020, RSMo (1986), permits a trial court to add prejudgment interest from the date of demand until judgment if a party establishes its claim under the demand.

Section 408.020 provides interest on an unpaid construction contract balance from 30 days after the last payment.

White River Development Co. v. Meco Systems, Inc. · filed 1991-02-28

Meco is entitled to recover $102,333.50 on its counterclaim, with interest from October 30, 1986, (thirty days after its last payment) as provided by § 408.020, RSMo 1986, effective as of the date of the judgment, January 9, 1990.

Section 408.020 allows prejudgment interest on an ascertainable insurance claim when demanded in the petition, but satisfying its requirements does not automatically entitle a claimant to interest in an interpleader action; the award depends on equitable considerations.

Insurance Co. of North America v. Skyway Aviation, Inc. · filed 1992-02-04

However, in this case, Glore’s compliance with § 408.020 and defeat of § 514.240 should provide no automatic right to prejudgment interest. ... We conclude that, in interpleader actions, prejudgment interest need not be automatically allowed, but that its award should depend upon equitable considerations.

Section 408.020 provides 9% annual prejudgment interest on an amount due from the date it became payable.

City-Wide Asphalt Co. v. Industrial Paving, Inc. · filed 1992-09-08

City-Wide is to be awarded prejudgment interest in the amount of 9% per annum from and after June 26, 1986. § 408.020 RSMo, 1986; Ohlendorf v. Feinstein, 670 S.W.2d 930, 935 (Mo.App.1984).

Section 408.020 does not require a written demand for prejudgment interest on money due under a written insurance contract.

Jones v. Ohio Casualty Insurance · filed 1994-01-18

By its provisions the statute requires written demand on accounts not on written contracts.

Section 408.020 allows a hospital to recover prejudgment interest on its liens.

Stefl v. Guyette · filed 1995-05-16

Further, St. Anthony’s is entitled to its prejudgment interest under Mo.Rev.Stat. § 408.020 (1994).

Section 408.020 allows prejudgment interest on an ascertainable contract balance despite a dispute, but interest is calculated after offsetting damages under the same contract and excluding retainage until it becomes payable.

Walton General Contractors, Inc./Malco Steel, Inc. v. Chicago Forming · filed 1997-04-22

Although the contractor raised a bona fide dispute as to the amount due in light of the subcontractor's defective performance, that dispute fails to preclude the subcontractor's recovery of prejudgment interest subject to any offset. ... Accordingly, we reverse and remand to the magistrate judge with instructions to enter an award of prejudgment interest in favor of the subcontractor based on the $118,779 difference between the subcontractor's award and the contractor's damages, less properly withheld retainage of $35,240.80.

Section 408.020 allows prejudgment interest on a liquidated claim after a demand for payment that is definite as to amount and time.

Nangle v. Brockman · filed 1998-05-19

Section 408.020 allows creditors to receive prejudgment interest on liquidated claims after demand for payment is made. ... Although the demand need be in no certain form, it must be definite as to amount and time. ... The filing of the suit, therefore, did not constitute a demand sufficient to entitle Nangle to the recovery of prejudgment interest on his quantum meruit claim.

Section 408.020 does not allow prejudgment interest when the parties dispute the measure of damages.

Ken Cucchi Construction, Inc. v. O'Keefe · filed 1998-07-14

Because the parties disputed the measure of damages, plaintiff was not entitled to prejudgment interest under section 408.020.

Section 408.020 allows nine percent prejudgment interest on an ascertainable debt after a sufficient demand for payment; filing a complaint can satisfy the demand requirement.

Union Pacific R. Co. v. Midland Equities Inc. · filed 1999-03-29

However, prejudgment interest at 9 percent per annum is available under Mo.Rev.Stat. § 408.020. ... However, a prerequisite of an award of prejudgment interest is a sufficient demand for payment of the underlying debt. Mo.Rev.Stat. § 408.020. No sufficient evidence of such a demand by Missouri Pacific or Union Pacific upon St. Louis Marketplace Limited Partnership has been proven, prior to the commencement of this judicial action. However, the filing of the judicial complaint satisfies the requirement of a demand.

Section 408.020 provides interest on an unpaid contractual balance from the date it is due.

Austin v. William H. Pickett, P.C. · filed 2002-08-20

The judgment of the trial court is reversed, and the case is remanded to the trial court for entry of judgment in favor of Dr. Austin in the amount of $5,650 plus interest in accordance with section 408.020, RSMo 2000, from the date due as provided in the July 20, 1996 contract and as determined by the trial court.

Section 408.020 mandates prejudgment interest at nine percent from the time payment is due, without equitable adjustment.

Emmenegger v. Bull Moose Tube Co. · filed 2003-03-21

Section 408.020 does not allow for equitable adjustments but mandates prejudgment interest at the fixed rate of nine percent from the time payment is due.

Section 408.020 allows nine percent annual interest on an account after payment is due and demanded when no other rate is agreed upon.

Hess v. CitiBank · filed 2006-08-14

The statute provides that “[c]reditors shall be allowed to receive interest at the rate of nine percent per annum, when no other rate is agreed upon, for all moneys after they become due and payable, on written contracts, and on accounts after they become due and demand of payment is made.” Mo. Rev. Stat. § 408.020. ... Citibank was entitled to statutory interest from February 24, 1999, the date that it filed its claim in probate demanding payment, through December 10, 2000, the date on which the estate paid $974.96 to Citibank.

Section 408.020 allows nine percent annual interest on a due account after a demand for payment when no other rate is agreed upon.

Michael Hess, Personal Representative of the Estate of George E. Hess, George E. Hess v. Citibank, (South Dakota), N.A. · filed 2006-08-14

Citibank was entitled to statutory interest from February 24, 1999, the date that it filed its claim in probate demanding payment, through December 10, 2000, the date on which the estate paid $974.96 to Citibank. This interest, at the statutory rate of 9% per annum, totals $143.89.

Section 408.020 allows prejudgment interest from the date of a definite demand for payment; a lawsuit seeking a specific amount can serve as that demand.

Graybar Elec. Co., Inc. v. Federal Ins. Co. · filed 2008-07-09

Under Missouri Revised Statutes § 408.020, prejudgment interest begins to accrue on the date that demand for payment is made. ... Under Watters, Graybar is entitled to pre-judgment interest from the time of its demand for the payment of insurance proceeds, when the first federal judicial action was filed in this court on July 14, 2005 to the issuance of the judgment in this action today, but with prejudgment interest tolled from November 15, 2005, when the first lawsuit was dismissed without prejudice, until August 23, 2006, when the instant action was commenced.

Section 408.020 provides prejudgment interest at 9 percent per year from the date of breach until judgment.

President Casinos, Inc. v. Columbia Sussex Corp. (In Re President Casinos, Inc.) · filed 2009-09-24

Under Missouri law, Mo.Rev.Stat. § 408.020 (2009), PCI is also entitled to prejudgment interest at a statutory rate of 9 percent per annum from the date of breach until the date of judgment.

Section 408.020 does not allow prejudgment interest when the measure of damages is disputed and uncertain.

American Eagle Waste Industries, LLC v. St. Louis County · filed 2012-07-31

Because the measure of damages was disputed and uncertain, section 408.020 is not applicable.

Section 408.020 permits statutory prejudgment interest after a credit-card debt is charged off and assigned; a demand for payment can start accrual, but interest cannot be assessed on already accrued interest.

Haney v. Portfolio Recovery Associates, L.L.C. · filed 2016-09-21

Based on the analyses from these several courts, we conclude Missouri statutory prejudgment interest remains available following the charge-off of a credit-card debt. ... The assignments merely transferred any entitlement to such interest that otherwise existed. ... We conclude any demand requirement that exists as a precondition to the accrual of statutory prejudgment interest was satisfied by the original creditors’ demands upon Haney. ... The absence of statutory authority for non-contractual prejudgment compound interest,, coupled with Boatmen’s clear and emphatic discussion distinguishing between postjudgment and prejudgment interest, persuades us that Missouri statutory prejudgment interest cannot be assessed on already accrued interest.

Section 408.020 requires prejudgment interest at nine percent from the time payment is due and does not allow equitable adjustments.

Travelers Property Casualty Company of America v. Jet Midwest Technik · filed 2019-06-07

Section 408.020 does not allow for equitable adjustments but mandates prejudgment interest at the fixed rate of nine percent from the time payment is due.