Reference guide

Late fee laws by state

What interest can you charge a business client on an overdue invoice? It depends on two things: whether your contract set a rate in advance, and your state. This table covers both numbers for all 50 states, with the statutes to back them up.

Read this first: this is general information for business-to-business invoices, not legal advice. Consumer transactions follow different (stricter) rules. Rates and caps change, court decisions shift how statutes apply, and your situation may fall under an exception — confirm with a lawyer licensed in your state before charging or suing for interest. Last reviewed July 2026.

How to read this table

Default rate (no contract) is what state law lets you collect when your contract and invoices never mentioned interest — the state's “legal rate.” Max agreed rate (B2B) is the ceiling when your written terms do set a rate. Most states exempt business-to-business transactions from their usury caps, which is why “no cap” appears so often — but a handful (Arkansas, Vermont, Florida, Texas, Rhode Island, Tennessee) genuinely limit what even two businesses can agree to. Click any row for the full detail and statute citations.

StateDefault rate (no contract)Max agreed rate (B2B)
Alabama6%8% written · none at $2,000+
Alaska10.5%Fed discount + 5% · none over $25k
Arizona10%No cap (written)
Arkansas6%17% — constitutional, no exceptions
California10%10% or FRBSF discount + 5% (loans)
Colorado8%45% (written)
Connecticut8%12% on loans · B2B loans $10k+ exempt
DelawareFed discount + 5%Same formula · none over $100k
FloridaFloating (~8.25%)18% up to $500k · 25% above
Georgia7%Any rate (written, $3k+)
Hawaii10%No cap for business (written)
Idaho12%No cap (agreed)
Illinois5%9% — but B2B effectively exempt
Indiana8%No cap for business purpose
Iowa5%No cap for business purpose (written)
Kansas10%15% — business transactions exempt
Kentucky8%19% or discount+4% at ≤$15k · any above
LouisianaJudicial (~7.5%)12% · business obligations exempt
MaineT-bill + 3% (prejudgment)No cap for business purpose
Maryland6%8% written · corp/commercial any rate
Massachusetts6%20% criminal ceiling (AG notice)
Michigan5%7% written · B2B up to 25%
Minnesota6%8% — orgs & $100k+ contracts exempt
Mississippi8%≈15% business · none at $2k+ written
Missouri9%10% or market · B2B none
Montana10%Greater of 15% or prime + 6%
Nebraska12% (overdue accounts)16% — business entities exempt
NevadaPrime + 2%No cap (agreed)
New Hampshire10%No cap (written)
New Jersey6%16% · corporate ceiling 50% (criminal)
New Mexico15%No cap for business entities
New York9%16% civil · 25% criminal (corp ceiling)
North Carolina8%No cap for business (exempt loans)
North Dakota6%T-bill + 5.5% (≥7%) · entities exempt
OhioFed short-term + 3% (7% in 2026)8% written · none over $100k
Oklahoma6%45% on business loans
Oregon9%12% ≤$50k business loans · none above
Pennsylvania6%No cap for business purpose
Rhode Island12%Greater of 21% or prime + 9%
South Carolina8.75%No cap (written)
South Dakota12%No cap (written)
Tennessee10%Formula: prime + 4%, max 24%
Texas6% (from day 30)18–24% ceiling · 28% business
Utah10%No cap (agreed)
Vermont12%12% — no business exemption
Virginia6%12% on loans · entities can't plead usury
Washington12%12% or T-bill + 4% · B2B exempt
West Virginia6%8% written · B2B effectively exempt
Wisconsin5%12% — corporations & LLCs exempt
Wyoming7%No cap for non-consumer (written)

The three rules that matter more than the caps

  • Put the rate in writing before the work starts. In nearly every state the generous ceilings apply only to rates agreed in advance— and courts routinely hold that a rate printed on an invoice after the fact isn't an agreement (Ohio says so explicitly). Contract first, invoice second.
  • Charge a defensible number, not the ceiling. The industry norm of 1–1.5% per month(12–18% a year) fits inside almost every state's rules and reads as policy, not punishment. Use our late fee calculator to see what it comes to on a real invoice.
  • A late fee without follow-up is decoration. The fee's job is to change payment behavior, and it only does that when overdue invoices actually get chased — see our escalation email templates.

Where Dueflo fits

Dueflo doesn't calculate or add late fees to your invoices — it fixes the part that actually moves the money: automated, escalating follow-up on every overdue QuickBooks invoice, with AI-written reminders that pause the moment your client replies. Most businesses that automate the chase find the late-fee clause becomes what it should be: leverage they rarely need to use.

The best policy is getting paid before fees apply

Dueflo chases every overdue QuickBooks invoice automatically — friendly at first, firmer over 45 days, paused the second your client replies.

Start 14-day free trial