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How to Charge Late Fees and Interest on Unpaid Invoices

Customers not paying? Here’s how to recoup your funds by charging interest and late fees on unpaid invoices.

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Written by:
Jennifer Dublino, Senior Writer
Editor verified:
Sandra Mardenfeld,Senior Editor
Last Updated Jul 01, 2026
Business.com earns commissions from some listed providers. Editorial Guidelines.
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Late payment charges — including late charge fees — are crucial tools for businesses to maintain cash flow. This article explains when and how to apply late fees, legal limits on maximum invoice late fees by state and best practices for enforcing policies effectively.

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What are late payment charges?

Late payment charges are financial penalties imposed on customers who fail to pay their invoices by the agreed-upon due date. These charges serve as both an incentive for timely payment and compensation for the inconvenience caused by delayed payments.

Did You Know?Did you know
According to a PYMNTS Intelligence report, nearly 60 percent of invoices are paid late, with almost half outstanding for more than 90 days. This makes late payment charges an essential tool for businesses to maintain healthy cash flow.
invoice graphic
Late fees penalize a customer for delinquent payment.

A late charge fee is a penalty amount you charge when a customer fails to pay by the invoice due date. Unlike interest fees that compound over time, these fees are added to the unpaid balance for each period payment remains overdue.

There are two main types of late payment charges:

  • Flat fees: A flat dollar amount (typically $25 to $50) charged when payment becomes overdue. Unlike interest, late fees don’t compound but can be assessed repeatedly according to your payment terms.
  • Percentage fees: Percentage fees are charged on the amount of the original invoice. For example, a 5 percent late fee on a $1,000 invoice would be a $50 late fee. These fees do not compound like interest charges, though; instead, if the invoice remains unpaid for another cycle, the percentage fee would be assessed on the original invoice amount and added to the overdue balance.

Both types of charges must be clearly outlined in your written agreements and comply with state regulations to be legally enforceable.

“From my experience … I’ve seen that combining both [types of] fees works best for encouraging timely payments,” said Andrew Lokenauth, a fractional chief financial officer who is also the founder of Fluent In Finance and TheFinanceNewsletter.com.

You can assess multiple late fees as long as these terms were established in your written agreement before the sale, appear on your invoices and comply with state law. However, be mindful of state caps — if your state limits total penalties to 10 percent of the original invoice, interest fees might be more appropriate for larger balances.

FYIDid you know
The best accounting and invoicing software can help you effortlessly calculate and track interest and late fees on unpaid invoices. FreshBooks, in particular, has great tools for streamlining the payment process so you get paid what you’re owed.

State-by-state maximum invoice late fees and grace periods

Use this table to check allowable late payment charges by state. These represent general legal guidelines for business invoicing and are subject to change. Always verify current rules with a qualified attorney or your state’s legislative resources before enforcing late fees.

State

Max Late Fee

Grace Period

Notes

Alabama

No maximum

None

 

Alaska

5% above Federal Reserve or 10.5% per month

None

 

Arizona

No maximum

None

 

Arkansas

No maximum

None

 

California

No maximum

None

No statutory cap on invoice late fees

Colorado

No maximum

None

 

Connecticut

No maximum

9 days

 

Delaware

5% per month

5 days

 

Florida

No maximum

None

 

Georgia

No maximum

None

 

Hawaii

8% per month

None

 

Idaho

5% per month

10 days

 

Illinois

No maximum

None

Must be reasonable

Indiana

No maximum

None

 

Iowa

No maximum

None

 

Kansas

No maximum

None

 

Kentucky

No maximum

None

 

Louisiana

No maximum

None

 

Maine

4% per month

15 days

 

Maryland

5% per month

None

 

Massachusetts

No maximum

30 days

 

Michigan

No maximum

None

 

Minnesota

8% per month

None

 

Mississippi

No maximum

None

 

Missouri

No maximum

None

 

Montana

No maximum

None

 

Nebraska

No maximum

None

 

Nevada

5% per month

None

 

New Hampshire

No maximum

None

 

New Jersey

No maximum

None

 

New Mexico

10% per month

None

 

New York

$50 or 5% per month, whichever is less

5 days

More restrictive for consumer accounts

North Carolina

$15 or 15% per month, whichever is greater

None

 

North Dakota

No maximum

None

 

Ohio

No maximum

None

 

Oklahoma

No maximum

None

 

Oregon

No maximum

None

Must be reasonable

Pennsylvania

No maximum

None

 

Rhode Island

No maximum

None

 

South Carolina

No maximum

None

 

South Dakota

No maximum

None

 

Tennessee

$30 or 10% per month, whichever is greater

5 days

 

Texas

No maximum

2 days

Must be reasonable

Utah

No maximum

None

 

Vermont

No maximum

None

 

Virginia

No maximum

5 days

 

Washington

No maximum

None

 

West Virginia

No maximum

None

 

Wisconsin

No maximum

5 days

 

Wyoming

No maximum

None

 

District of Columbia

No maximum

5 days

 

Note: This content is for informational purposes only and may not reflect the latest legal requirements. Consult a legal advisor for compliance in your state.

How to calculate late fees: flat vs. percentage

Fixed amount approach

You charge the same dollar amount each time a payment is late. For example, on a $200 invoice with a $25 monthly late fee:

  • Month 1: $200 original invoice + $25 late fee = $225
  • Month 2: $225 balance + $25 late fee = $250
  • Month 3: $250 balance + $25 late fee = $275

Percentage approach

Some businesses calculate late fees as a percentage of the original invoice amount. Let’s say you have a 5 percent late fee policy and you invoice a client $1,000 with net 30 terms.

Month 1: The payment due date passes with no payment

  • Late fee calculation: $1,000 × 5% = $50
  • New balance: $1,000 + $50 = $1,050

Month 2: Customer still hasn’t paid

  • Late fee calculation: $1,000 × 5% = $50 (still based on original invoice amount)
  • New balance: $1,050 + $50 = $1,100

Month 3: Payment remains outstanding

  • Late fee calculation: $1,000 × 5% = $50 (again, based on original $1,000)
  • New balance: $1,100 + $50 = $1,150

With the percentage approach, the late fee stays at $50 each month because it’s always calculated from the original $1,000 invoice amount — not the growing balance. This is an important distinction from interest charges, which compound and increase over time.

Compliance and grace period guidelines

Compliance and grace period graphic
It is important to follow rules set up by your state and contract before applying any late fees or interest.

Expect some clients to push back on late fees or interest charges — and be prepared to explain why they’re legitimate. Whether they hold up legally depends on whether you’ve followed the rules in your state.

“The legality of these fees is primarily governed by state laws, particularly those related to usury and contract law,” explained Ben Trigg, founder and CEO of Payello. “Usury laws set a limit on the interest rate that can be charged and contract law requires you to inform the customer about your fees.”

Before implementing any late fee or interest charge policy, ensure you complete these essential steps:

Legal requirements

  • Research your state’s maximum late fee limits (refer to the state-by-state table above).
  • Verify your state’s required grace period before fees can be applied.
  • Ensure your fee structure complies with state usury laws.
  • Confirm fees are reasonable and not punitive in nature.
  • Review Fair Debt Collection Practices Act requirements if dealing with consumer debts.

Contract and documentation

  • Include clear late fee terms in all written agreements and contracts.
  • Specify fee amounts or percentages in your invoicing terms.
  • State the grace period (if any) before fees are assessed.
  • Define when and how frequently fees will be applied.
  • Obtain customer acknowledgment of fee terms before service delivery.

Invoice requirements

  • Display late fee policy clearly on all invoices.
  • Include specific fee amounts or calculation methods.
  • Show grace period information.
  • Ensure terms are prominently visible and easy to understand.

Grace period compliance

  • Implement systems to track invoice due dates accurately.
  • Wait the required grace period before applying any fees.
  • Document when grace periods begin and end for each invoice.
  • Never apply fees before the legally required waiting period expires.

Fee application standards

  • Apply fees consistently according to your stated terms.
  • Calculate fees correctly based on your chosen method (fixed amount vs. percentage).
  • Maintain records of all fee assessments and calculations.
  • Ensure total accumulated fees don’t exceed state-imposed caps.

Customer communication

  • Send clear, timely notices as soon as a payment becomes overdue.
  • Explain fee calculations transparently.
  • Avoid excessive or harassing collection communications.
  • Provide customers with copies of the original agreement terms upon request.
TipBottom line
Send electronic invoices with a link to a secure online payment page. The immediacy and convenience can motivate disorganized clients and procrastinators to pay what you're owed.

Best practices for late fee policies

The key to charging interest or a late fee is to do it legally and without losing sight of your goals. Collecting the original invoice amount and maintaining a good relationship with the customer should always be your primary objectives. The experts we spoke with recommend following the best practices below.

  1. You must have a written agreement to assess interest fees or late fees: Although these fees are standard practice in many industries, you should let your client know your intention in advance. Ensure the original contract the client signed states any fees that will be assessed, when they will be assessed, whether they compound and if there is a grace period. “This saves headaches,” Lokenauth said, who “learned this one the hard way.”
  2. Keep interest rates reasonable and legally compliant: You can charge interest on unpaid invoices as long as you stay within the bounds of the law. Many states cap the interest rate businesses can charge, so it’s worth checking your state’s laws before setting a rate. Staying at or below 10 percent annually is generally a safe benchmark. “Make sure your late fee amounts are reasonable and proportional to the debt,” Lokenauth advised.
  3. Don’t call interest or late fees a penalty: Do not describe the interest or late fee as a “penalty.” This could imply that you are attempting to punish the client instead of covering the additional costs involved in collecting the money you’re owed. If you have to go to court, this could hurt you.
  4. Offer a grace period: A grace period is a time after the invoice is due in which you don’t charge interest or fees as long as payment is made in that window. For example, if an invoice is due on the first of the month, the grace period may be an additional 10 days. That way, you avoid alienating your client if payment is a few days late. “I’ve found this builds goodwill,” Lokenauth said.
  5. Immediately alert clients when their payments are past due: “Consider a tiered approach before charging fees — gentle reminders first with a projected fee, then formal notices with fees,” recommended Denym Bird, co-founder of Paidnice. Both Bird and Lokenauth stressed the need to be “consistent” in enforcing fees.
  6. Take advantage of modern payment technology: Bird said business owners should use invoicing automation tools “to calculate and apply fees accurately.” But it’s not about streamlining processes just for yourself; you should for your clients as well. “Make it easy for customers to pay by providing multiple payment options,” Bird said.
TipBottom line
Include your interest or late fee policy on all invoices as well as any statements and payment reminders. Our guide to creating a professional invoice details what else you should include.

Alternatives to charging late fees

There are other ways to collect on your unpaid invoices besides charging interest and late fees. You may want to consider the alternative options below.

  • Communicating with your customer: Contact the customer to see what’s holding up their payment. “Missed payments aren’t always on purpose,” Trigg pointed out. It could be something fixed easily and reaching out shows empathy while still getting the message across that you expect to be paid. You can use this opportunity to gently remind the client that nonpayment will incur interest or fees.
  • Providing payment incentives: Wave a carrot instead of a stick by offering a discount for full payment upfront or within 30 days. Sometimes, incentives to pay early or on time can be more effective than threats of fees and interest charges. Bird revealed, “Our data across millions of invoices paid since 2022 shows that a prompt payment discount, such as 2 percent if paid within 10 days, is the most effective way of getting cash into the bank well ahead of your due date.”
  • Collecting payment upfront: Asking customers to pay upfront eliminates any potential nonpayment issues. You can also require a deposit instead of asking for full payment. “This changed my business completely,” Lokenauth told us. It’s up to you to decide if an upfront payment or deposit is more appropriate for your company, but business.com’s guide to requiring a deposit and upfront payments can help.
  • Offering payment plans: Consider offering a payment plan if the client is having financial difficulties. You’ll show empathy while collecting at least some of what is owed. Payment plans usually include an interest charge, although you don’t have to add one. You can also provide a payment plan regardless of any financial hardship; even customers with the means to pay in full may prefer the option to pay in installments.
  • Selling outstanding invoices: If you don’t think interest or late fees will prompt customers to pay their overdue balances and you can’t keep waiting to get paid, you might want to opt for invoice factoring. A lender purchases your outstanding accounts receivable and advances your business funds in exchange. Bird recommended this option especially if you need to “improve your cash flow.” Several highly rated business loan providers facilitate invoice factoring and a similar option known as invoice financing.

Late fee charges are viable collection tactics that speed up the debt collection process and compensate you for the costs of interrupted cash flow and additional collection activity. As long as you do it correctly and don’t alienate customers or get in trouble with the law, you might find it preferable to the alternatives above.

“But most important of all,” Bird said, “is to set up a strong receivables process from the get-go, with … payment reminders before invoices become overdue in the first place.”

FAQs: Late payment charges, limit laws & fee application

Late payment charges are additional fees imposed on customers who fail to pay their bills by the agreed-upon due date. These charges are typically added to the outstanding balance and serve two primary purposes: encouraging timely payments and compensating businesses for the inconvenience and additional costs caused by delayed payments. Late payment charges are usually outlined in contracts or agreements and can take different forms — either as a fixed dollar amount (such as $25 to $50) or as a percentage of the overdue invoice amount (commonly 1 to 2 percent of the past-due balance).
Yes, you can legally charge late fees on invoices, but there are important requirements you must follow:
  • Clear documentation: You must include the late fee terms in your written agreement or invoice.
  • Advance notification: Clients must be informed of your late fee policy before it’s applied.
  • State law compliance: You must adhere to your state’s specific regulations and limits.
  • Reasonable amounts: Fees must be proportional to the invoice value.
The legality of late fees is primarily governed by state laws, particularly those related to usury and contract law. Most experts recommend keeping fees at or below 10 percent annually to avoid legal issues.
Late fee limits vary significantly by state, and it's important to check the rules that apply to your location before setting your policy. Here’s a general overview: States with percentage caps:
  • Alaska: 5 percent above Federal Reserve or 10.5 percent maximum
  • Delaware: 5 percent per month maximum
  • Hawaii: 8 percent per month maximum
  • Idaho: 5 percent per month maximum
  • Maine: 4 percent per month maximum
  • Maryland: 5 percent per month maximum
  • Minnesota: 8 percent per month maximum
  • New York: $50 or 5 percent per month maximum
  • Nevada: 5 percent per month maximum
  • New Mexico: 10 percent per month maximum
States with hybrid limits:
  • North Carolina: $15 or 15 percent per month maximum, whichever is greater
  • Tennessee: $30 or 10 percent per month maximum, whichever is greater
States with no statutory maximum limits:
  • Alabama, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Georgia, Pennsylvania, Texas and many others have no statutory caps on late fees
Some states also require grace periods before late fees can be applied. Always research your specific state’s laws or consult with a legal professional to ensure your policy is fully compliant.

Source interviews were conducted for a previous version of this article.

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Written by: Jennifer Dublino, Senior Writer
Jennifer Dublino is an experienced entrepreneur and astute marketing strategist. With over three decades of industry experience, she has been a guiding force for many businesses, offering invaluable expertise in market research, strategic planning, budget allocation, lead generation and beyond. Earlier in her career, Dublino established, nurtured and successfully sold her own marketing firm. At business.com, Dublino covers customer retention and relationships, pricing strategies and business growth. Dublino, who has a bachelor's degree in business administration and an MBA in marketing and finance, also served as the chief operating officer of the Scent Marketing Institute, showcasing her ability to navigate diverse sectors within the marketing landscape. Over the years, Dublino has amassed a comprehensive understanding of business operations across a wide array of areas, ranging from credit card processing to compensation management. Her insights and expertise have earned her recognition, with her contributions quoted in reputable publications such as Reuters, Adweek, AdAge and others.