Tag: post judgment

Five Stories That Matter in Michigan This Week – April 25, 2025

  1. Michigan Supreme Court Rules that Vehicle Search Based on Smelling Marijuana Alone is not Allowed

In early April, the Michigan Supreme Court, in a 5-1 decision, ruled that the smell of marijuana cannot be the sole reason for police to search a car without a warrant.

Why it Matters: The court’s ruling struck down a 25-year-old precedent. The court explained: “[I]n light of the voters’ intent to legalize marijuana usage and possession, the smell of marijuana, standing alone, no longer constitutes probable cause sufficient to support a search for contraband.”

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  1. Michigan CRA Scheduling Public Hearing Over Proposed Rule Changes

The Michigan CRA is scheduling a public hearing for the purpose of receiving public comment on the proposed rule set2023-25 LR (Marihuana Rules).

Why it Matters: Some of the proposed rule changes include requiring licensees to notify the CRA prior to making a change to their business structure (for example LLC to a C-Corp), requiring licensees to provide up to date contact information for their business, and requiring applicants to notify the CRA within 10 days if there are any new lawsuits, legal proceedings, charges, etc., related to the applicant.

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  1. What You Need to Know About Pet Trusts

A pet trust is a legal document that allows you to provide for the care of your beloved pet if you become incapacitated and after you pass away. A pet trust can be created as a standalone document, or as part of a revocable (living) trust or will. In addition, a durable power of attorney can provide instructions to an agent for the care of a pet during your lifetime.

Why it Matters: Estate planning with pets in mind is an increasingly popular way for pet owners to ensure that their furry companions are taken care of, even when the owners can no longer care for themselves. Learn more about how to effectively care for your pets if you become incapacitated or pass away.

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  1. Business Education Series: From Inbox to Impact – Optimize Email Marketing and Website Performance

Creating impactful email campaigns using 2025’s best practices while keeping your subscribers engaged and avoiding outdated pitfalls is essential for businesses in this day and age. On top of that, you need to make sure that your website and digital presence is up to date and active.

Why it Matters: During the May Business Education Series facilitated by Jacki Krumnow of Now Marketing and Joe Ford of Netvantage SEO, this session will help you measure website health and digital campaign performance effectively, as well as creating impactful email campaigns. Whether you’re starting fresh or refining your approach, this session is packed with actionable insights, tools, and insider advice to boost your marketing efforts. Learn more.

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  1. How to Calculate Post Judgment Interest Rates in Michigan

Michigan post judgment interest rates are often considered a confusing aspect of determining the value of a final judgment.

Why it Matters: If an attorney does not understand how to determine the value of a post judgment interest, they are leaving money on the table that could otherwise be in their client’s pockets. Read more from your Fraser Trebilcock attorney.

Related Practice Groups and Professionals

Cannabis Law | Sean Gallagher
Trusts & Estates | Elizabeth Siefker
Business & Tax | Andrew Martin

Five Stories That Matter in Michigan This Week – April 18, 2025

  1. Michigan Supreme Court Upholds Contract Law Principles in Kircher Decision

On March 27, 2025, the Michigan Supreme Court unanimously ruled in Kircher v. Boyne USA, Inc. that the implied covenant of good faith and fair dealing does not create an independent cause of action under Michigan law.

Why it Matters: By clarifying that the good faith covenant cannot be used as a standalone basis for litigation, the Court has reinforced traditional contract interpretation principles, providing greater certainty for businesses and individuals entering contractual relationships while potentially limiting avenues for parties seeking to challenge otherwise valid agreements.

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  1. How to Calculate Post Judgment Interest Rates in Michigan

Michigan post judgment interest rates are often considered a confusing aspect of determining the value of a final judgment.

Why it Matters: If an attorney does not understand how to determine the value of a post judgment interest, they are leaving money on the table that could otherwise be in their client’s pockets. Read more from your Fraser Trebilcock attorney.

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  1. A Health Professional’s Guide to Navigating the Disciplinary Process: What to Expect if You Are Facing a Professional Licensing Investigation or Administrative Complaint

Health professionals are committed to caring for patients with expertise, compassion, and integrity. However, in the heavily regulated healthcare field, those professionals can sometimes find themselves navigating not just the medical challenges of their patients but licensing issues of their own as well. Licensing issues can arise unexpectedly, and, when they do, they can cause tremendous stress and uncertainty.

Why it Matters: As an attorney with years of experience handling professional licensing matters for health professionals, Robert J. Andretz has witnessed firsthand how professional licensing investigations and Administrative Complaints can disrupt health professionals’ careers and their ability to provide patient care. He will explore how to navigate the disciplinary process in Michigan so that you can know what to expect if you are ever faced with a threat to your license. Learn more.

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  1. Michigan Cannabis Exceeds $276 Million in March ‘25

Cannabis sales surpassed $276 million in March 2025, via the monthly report from the Michigan Cannabis Regulatory Agency. Michigan adult-use sales came in at $276,290,892.17, while medical sales came in at $655,117.62, totaling $276,946,009.76.

Why it Matters: While the prices of cannabis and cannabis-related products continue to decrease and make consumers happy, growers on the other hand are seeing profits decrease resulting in them seeking ways to halt new licenses to be granted in an effort to steady prices.

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  1. Business Education Series: From Inbox to Impact – Optimize Email Marketing and Website Performance

Creating impactful email campaigns using 2025’s best practices while keeping your subscribers engaged and avoiding outdated pitfalls is essential for businesses in this day and age. On top of that, you need to make sure that your website and digital presence is up to date and active.

Why it Matters: During the May Business Education Series facilitated by Jacki Krumnow of Now Marketing and Joe Ford of Netvantage SEO, this session will help you measure website health and digital campaign performance effectively, as well as creating impactful email campaigns. Whether you’re starting fresh or refining your approach, this session is packed with actionable insights, tools, and insider advice to boost your marketing efforts. Learn more.

Related Practice Groups and Professionals

Business & Tax | Andrew Martin
Professional Licensing | Robert Andretz
Cannabis Law | Sean Gallagher

How to Calculate Post Judgment Interest Rates in Michigan

Michigan post judgment interest rates are often considered a confusing aspect of determining the value of a final judgment. If an attorney does not understand how to determine the value of a post judgment interest, they are leaving money on the table that could otherwise be in their client’s pockets.

The basis of Michigan post judgment interest is found in (MCL Sections 600.6013 and 600.6455) which state the following:  

Sec. 6013(6) Except as otherwise provided by subsection (5) and subject to subsection (11), for complaints filed on or after January 1, 1987, interest on a money judgment recovered in a civil action shall be calculated at 6-month intervals from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually, pursuant to this section. 

Sec. 6455 (2) Except as otherwise provided in this subsection, for complaints filed on or after January 1, 1987, interest on a money judgment recovered in a civil action shall be calculated from the date of filing the complaint at a rate of interest which is equal to 1% plus the average interest rate paid at auctions of 5-year United States treasury notes during the 6 months immediately preceding July 1 and January 1, as certified by the state treasurer, and compounded annually, pursuant to this section. 

Highlighted above is an often overlooked portion of the statutes. The rates published by the State of Michigan must also include an additional 1 % per MCL 6013(6) and MCL 6455(2). For example, the “historical interest rate” listed by the state for 1/1/2025 to 7/1/2025 is 4.016%. Therefore, the interest rate used in the calculation of post judgment interest for that period is 5.016%.

When calculating post-judgment interest in Michigan over multiple interest periods (i.e. more than 6 months), follow these steps: 

Step 1: Determine the Applicable Interest Rates 

      • Michigan’s post judgment interest rate changes every 6 months (on January 1st and July 1st). 
      • You can find the applicable rates on the State of Michigan website. 
      • Track the rate changes across each period. 

Step 2: Break the Time into Periods 

      • Divide the total time into segments based on when the interest rate changes. 
      • For each period, calculate the interest using the corresponding rate. 

Step 3: Apply the Interest Formula for Each Period 

The formula remains the same for each period: 

Where: 

      • Remaining Principal = The judgment amount, unless partial payments have been made. 
      • Interest Rate = The applicable interest rate for that period. 
      • Number of Days in Period = Days between interest rate changes or payment dates. 

Step 4: Example Calculation 

Suppose a Complaint was filed on January 1, 2024, a judgment for $100,000.00 was entered and you need to calculate the post-judgment interest on December 15th, 2024: 

      • Judgment Amount: $100,000 
      • Published Interest Rate from MI Treasury for Jan 1, 2024, to June 30, 2024: 4.392%
        • Interest Rate for Post Judgment Interest: 4.392% + 1% = 5.392% 
      • Published Interest Rate from MI Treasury for July 1, 2024, to Dec 31, 2024: 4.359%
        • Interest Rate for Post Judgment Interest: 4.359% + 1% = 5.359% 
      • Payment Date: Dec 15, 2024  

Period 1: Jan 1, 2024, to June 30, 2024 (181 days) 

Interest = $100,000 x (5.392/100) x (181/365) 

Interest = $100,000 x (0.05392) x (0.4959) = $2,673.89

Period 2: July 1 to Dec 15 (payment date) (167 days) 

Interest = $100,000 x (5.359/100) x (167/365)  

Interest = $100,000 x (0.05359) x (.4575) = $2451.74

Step 5: Calculate Total Interest and Amount Due 

Add the interest from both periods: 

Total Interest = $2,673.89 + $2451.74 = $5125.63 

Total Amount Due = $100,000 + $5125.63= $105,125.63 

Additional Tips 

  • If partial payments are made, reduce the principal before calculating interest for the next period. 
  • Track interest separately for each period using the correct rate. 
  • Always round to the nearest cent. 
  • Don’t forget that the interest is compounded annually. I.E. add the interest obtained annually to the principle for future interest calculations.

This alert serves as a general summary and does not constitute legal guidance. Please contact us with any specific questions. When it matters in Michigan, we are the trusted legal advisors for businesses and individuals.

Andrew G. Martin is an experienced registered patent attorney with history working in the automotive, electrical, and agricultural industries. He regularly advises startups and small businesses on the patent and trademark prosecution process, assisting clients from start to finish. You can reach him at 517.377.0834 or at amartin@fraserlawfirm.com.