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There is no single late-fee percentage that applies to every U.S. invoice. Whether you can charge a fee or interest—and how much—depends on the customer, transaction, contract, and governing law. Check those factors before adding a charge; a rate written into terms is not automatically lawful in every situation.

What determines whether you can charge an overdue invoice?

Start with the agreement and the law governing the transaction. Review the signed contract, any terms incorporated into it, the invoice due date, and the governing-law clause. Look for the agreed late charge or interest rate, when it starts, how it is calculated, and whether it recurs or compounds. If the agreement is silent, do not assume a particular default rate applies: state rules and transaction-specific laws differ. A secondary overview reviewed in July 2026 also cautions that state rules vary; use it to identify questions, then confirm the answer in current primary law: Dueflo’s state late-fee overview.

Before calculating anything, establish whether the customer bought for business or personal, family, or household use; whether the customer is a private party or a federal agency; and whether a special regime applies, such as lending, construction, public contracting, or a regulated industry. Those distinctions can change which rules apply.

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How do fees and interest differ?

A late fee is typically a stated charge triggered by late payment; interest accrues over time on an unpaid amount. The contract and applicable law determine whether either charge is permitted, when it begins, how it is calculated, and whether repeat charges or compounding are allowed. Check each term separately rather than treating “late charge” as a blanket authorization for any amount.

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For a proposed charge, verify the rate or fixed amount, start date, calculation period, compounding method, recurrence, and any applicable cap against current primary law for the governing jurisdiction. The available authorities do not establish a universally safe rate for private invoices.

What changes when the customer is a consumer?

Consumer credit for personal, family, or household use may be subject to rules that do not apply in the same way to an ordinary business invoice. The Federal Trade Commission explains that its Credit Practices Rule covers specified consumer-credit transactions and prohibits late fees barred by the rule. Check the rule’s coverage and restrictions before assessing a charge: FTC guidance on complying with the Credit Practices Rule.

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Consumer-credit treatment also depends on how the account actually operates. The Consumer Financial Protection Bureau’s Regulation Z commentary explains that whether a late-payment charge is excluded from the finance charge can turn on account terms and creditor practices—for example, whether the creditor requires full payment or permits balances to roll over. That classification is not general permission to impose any late fee. See the CFPB’s Regulation Z § 1026.4 commentary.

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Do federal Prompt Payment Act rates apply to private invoices?

No. The Prompt Payment Act framework concerns federal agencies paying qualifying vendors; it is not a rate schedule for invoices sent to private customers. The U.S. Department of the Treasury says interest on covered late federal payments uses the rate in effect when the invoice becomes late and accrues from the day after the required payment date through the payment date, subject to the Act’s conditions. Congress enacted the Act in 1982. Read the Treasury Fiscal Service Prompt Payment Act guidance for its scope and timing.

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For a federal contract, the applicable clause and its prerequisites matter. FAR 52.232-25 addresses proper invoices, acceptance, disputes, and interest penalties; it excludes specified delays associated with disagreements or amounts withheld under contract terms. In the stated circumstances, its additional-penalty demand procedure has a 40-day deadline. Review the clause and the contract rather than applying it to a private customer: FAR 52.232-25, Prompt Payment.

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Why must you check the exact state and transaction?

State statutes may govern only particular kinds of transactions, not every invoice issued in that state. For example, North Carolina G.S. 24-10.1 addresses late-payment charges for specified loan categories and includes a once-per-late-payment limit in covered circumstances. It is not a general authorization or limit for all North Carolina invoices. Check the statute’s scope and current text: North Carolina G.S. 24-10.1.

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How to assess and document a late charge

  1. Read the governing documents. Locate the signed agreement, incorporated terms, due date, and governing-law clause. Identify the exact provision, if any, covering fees or interest.
  2. Classify the customer and transaction. Determine whether the purchase was for business or household use, whether the customer is a federal agency, and whether a special statute or contract regime applies.
  3. Verify the calculation. Confirm the permitted amount or rate, accrual start, calculation period, compounding, repeat charges, and any cap in current primary law for the relevant jurisdiction.
  4. Send an itemized notice. Identify the invoice, principal, due date, contractual basis for the charge, calculation period, and amount claimed.
  5. Keep supporting records. Preserve the agreement, invoice, delivery or acceptance records, notices, and payment history.
  6. Handle disputes under the applicable process. If the amount or performance is disputed, follow the contract’s dispute and withholding provisions; do not presume interest automatically runs. The federal FAR clause addresses disagreements within its own covered context.
  7. Use the agency process for federal debts. For a qualifying federal-agency payment, follow the applicable Prompt Payment clause and agency procedure rather than importing that framework into private billing.

What to check before adding a charge

  • Which law governs the agreement, and does a transaction-specific law apply?
  • Is the customer a business, a consumer, or a federal agency?
  • Does the contract authorize a fee, interest, or both—and when do they begin?
  • Is the charge fixed, recurring, or accruing over time, and is the calculation permitted?
  • Is the invoice disputed, or does the agreement allow withholding?

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