In re Estate of Jack Michael Bergquist

Summary

The New Hampshire Supreme Court held that a judgment creditor is entitled as a matter of law to continuing post-judgment interest until a money judgment is paid in full, even when the original judgment and a periodic payment order are silent regarding such interest. The court further held that an order for periodic payments under RSA 524:6-a does not fix the total amount due or eliminate the creditor’s right to statutory post-judgment interest, and that the claim was not barred by res judicata. The court reversed and remanded the probate division’s judgment.

Holdings

1. A plaintiff awarded a money judgment is entitled as a matter of law to continuing post-judgment interest until the judgment is paid in full, regardless of whether the plaintiff requested the interest in the trial court or whether the judgment expressly awarded it.
2. The creditor's claim against the estate for post-judgment interest is not barred by res judicata because it seeks to enforce an existing right under the prior judgment rather than assert the same cause of action again.
3. An order for periodic payments under RSA 524:6-a does not fix the amount due, alter the parties' substantive rights, or eliminate the judgment creditor's right to continuing statutory post-judgment interest.

Questions Presented

1. Whether a judgment creditor is entitled to continuing statutory post-judgment interest when the original judgment and subsequent periodic payment order do not expressly award that interest.
2. Whether the creditor's claim for post-judgment interest against the estate is barred by res judicata.
3. Whether an order for periodic payments under RSA 524:6-a fixes the amount due or otherwise eliminates the creditor's right to continuing statutory post-judgment interest.

Disposition

reversed_and_remanded