2011 IL App (1st) 101847
Ill. App. Ct.2011Background
- Judgment entered Sept 12, 2006, awarding $39,100 total damages ($30,100 to Marie, $9,000 to Joseph).
- Postjudgment interest under 9% per annum accrues from judgment date until satisfied; issue whether tender stops accrual.
- Defendant offered to tender payment via letters Feb 5–6, 2007, and again in 2009, but these did not clearly include interest.
- Plaintiffs did not respond to tender offers (appealed Feb 20, 2007).
- Trial court awarded interest from judgment date to Feb 6, 2007, treating Feb 6 letter as sufficient tender; appellate court later reversed.
- Plaintiffs appeal to challenge sufficiency of tender and impact on interest accrual; matter remanded for recalculation of interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Feb. 6, 2007 tender was legally sufficient to stop interest | Poliszczuk argues tender lacked interest, date, and full amount | Winkler contends tender to pay judgment plus costs stopped interest | Tender not sufficient; interest accrual not stopped |
| Whether plaintiffs’ silence waived rights to interest accrual | plaintiffs’ nonresponse did not waive their rights | silence could excuse tender under caselaw | Nonresponse did not waive interest accrual; reversed and remanded |
| Standard of review for postjudgment interest and tender determinations | Review should enforce mandatory 9% interest from judgment date | Court has discretion on tender-related issues | Discretionary review applied to tender timing; abuse of discretion found in tender determination |
Key Cases Cited
- Pinkstaff v. Pennsylvania R.R. Co., 31 Ill. 2d 518 (1964) (purpose of interest statute and ability to stop accrual by tender)
- Yassin v. Certified Grocers of Illinois, Inc., 133 Ill. 2d 458 (1990) (offers must include interest to be sufficient tender)
- Niemeyer v. Wendy's International, Inc., 336 Ill. App. 3d 112 (2002) (sufficient tender must include interest and costs)
- Casciola v. Gardner, 101 Ill. App. 3d 852 (1981) (tender may be excused if creditor rejects a sufficient tender)
- Needy v. Sparks, 74 Ill. App. 3d 914 (1979) (tender excused where creditor rejects offer with no consideration of interest)
- Cyclonaire Corp. v. ISG Riverdale, Inc., 378 Ill. App. 3d 554 (2007) (finding of fact standard for when tender was made)
- River Valley Cartage Co. v. Hawkeye-Security Insurance Co., 17 Ill. 2d 242 (1959) (valid tender must cover debt, interest and costs)
- Longo v. Globe Auto Recycling, Inc., 318 Ill. App. 3d 1028 (2001) (statutory interest mandatory from date of judgment)