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- INTEREST RATES
-
-
-
- Many state's laws provide that you cannot lend money at an
- interest rate in excess of a certain statutory maximum. This is a
- "usury limit." We provide in this tutorial the general usury rate
- for each state that our research reveals has one. UNLESS
- OTHERWISE STATED, THE RATES ARE SIMPLE, NOT COMPOUND INTEREST.
- FURTHER WE ARE STATING THE **PRESENT** LIMITS, the ones
- applicable at the time that this research was completed. Many
- states have had lower limits in the past. Further, in most states
- a late charge or other fee exacted from someone who owes another
- money is also counted as interest. "But my car loan is higher
- than that"; "But I'm paying way more than that on my credit
- cards." That's right! Banks have separate rules. In fact, due to
- high inflation, in 1980, the federal government passed a special
- law which allowed national banks (the ones that have the word
- "national" or the term "N.A." in their name, and savings banks
- that are federally chartered) to ignore state usury limits and
- pegged the rate of interest at a certain number of points above
- the federal reserve discount rate. In addition, specially
- chartered organizations like small loan companies and installment
- plan sellers (like car financing companies) have their own rules.
-
- The usury limit which is stated as the general usury limit
- is the rate that can be charged by one person or corporation to
- another, in other words, if you lend your next door neighbor $
- 100.00, the rate stated is the limit. To charge more you must get
- a banking, pawnbroking, or whatever license. This also means that
- special kinds of loans, like those from pawnbrokers or small loan
- companies are not stated. In some states we also have a "legal
- rate." In such states, as a general rule, if you have a
- contractual obligation that provides simply for interest without
- a specific term, or "interest at the highest legal rate" then the
- "legal rate" what applies. In other instances we have stated a
- "judgment rate." That's the rate that final judgments bear. In
- states without a usury limit, there still may be a federally
- imposed limit because at certain astronomical rates of interest
- "loan sharking" will be inferred by the federal government.
-
- Usury is a complicated area of law. Transactions that a
- person would not consider to be affected by usury often are, for
- example, repurchase agreements, or sales with an option to
- repurchase are often found to be loans. A word of caution. Before
- trying to lend someone money or "invest" with a guaranteed
- return, see an attorney to make sure that you don't run afoul of
- the usury laws. In state's that specify one limit for consumers
- and one limit for non-consumers, you cannot avoid the usury limit
- by creating a sham business deal. In a supplement that is now
- being prepared and will be available soon, we will review the
- penalties for usury in each state and point out special
- circumstances in each state.
-
- ALABAMA
-
- In Alabama, the legal rate of interest is 6%; the general usury
- limit is 8%. The judgment rate is 12%.
-
-
- ALASKA
-
- In Alaska, the legal rate of interest is 10.5%; the general usury
- limit is more than 5% above the Federal Reserve interest rate on
- the day the loan was made.
-
-
- ARIZONA
-
- In Arizona, the legal rate of interest is 10%.
-
-
-
- ARKANSAS
-
- In Arkansas, the legal rate of interest is 6%; for non-consumers
- the usury limit is 5% above the Federal Reserve's interest rate;
- for consumers the general usury limit is 17%. Judgments bear
- interest at the rate of 10% per annum, or the lawful agreed upon
- rate, whichever is greater.
-
-
-
- CALIFORNIA
-
- In California, the legal rate of interest is 10% for consumers;
- the general usury limit for non-consumers is more than 5% greater
- than the Federal Reserve Bank of San Francisco's rate.
-
-
-
- COLORADO
-
- In Colorado, the legal rate of interest is 8%; the general usury
- limit is 45%. The maximum rates to consumers is 12% per annum.
-
-
-
- CONNECTICUT
-
- In Connecticut, the legal rate of interest is 8%; the general
- usury rate is 12%. In civil suits where interest is allowed, it
- is allowed at 10%.
-
-
-
- DELAWARE
-
- In Delaware, the legal rate of interest is 5% over the Federal
- Reserve rate.
-
-
-
- DISTRICT OF COLUMBIA
-
- In the District of Columbia, the legal rate of interest is 6%;
- the general usury limit is in excess of 24%.
-
-
-
- FLORIDA
-
- In Florida, the legal rate of interest is 12%; the general usury
- limit is 18%. On loans above $ 500,000 the maximum rate is 25%.
-
-
-
- GEORGIA
-
- In Georgia, the legal rate of interest is 7%; On loans below $
- 3,000 the usury limit is 16%. On loans above $ 3,000, the limit
- appears to be 5% per month. As to loans below $ 250,000 the
- interest rate must be specified in simple interest and in
- writing.
-
-
-
- HAWAII
-
- In Hawaii, the legal rate of interest is 10%. The usury limit for
- consumer transactions is 12%.
-
-
-
- IDAHO
-
- In Idaho, the legal rate of interest is 12%. Judgments bear
- interest at the rate of 5% above the U.S. Treasury Securities
- rate.
-
-
-
- ILLINOIS
-
- In Illinois, the legal rate of interest is 5%. The general usury
- limit is 9%. The judgment rate is 9%.
-
-
-
- INDIANA
-
- In Indiana, the legal rate of interest is 10%. Presently there is
- no usury limit; however, legislation is pending to establish
- limits. The judgment rate is also 10%.
-
-
-
- IOWA
-
- In Iowa, the legal rate of interest is 10%. In general consumer
- transactions are governed at a maximum rate of 12%.
-
-
-
- KANSAS
-
- In Kansas, the legal rate of interest is 10%; the general usury
- limit is 15%. Judgments bear interest at 4% above the federal
- discount rate. On consumer transactions, the maximum rate of
- interest for the first $ 1,000 is 18%, above $ 1,000, 14.45%.
-
-
-
- KENTUCKY
-
- In Kentucky, the legal rate of interest is 8%; the general usury
- limit is more than 4% greater than the Federal Reserve rate or
- 19%, whichever is less. On loans above $ 15,000 there is no
- limit. Judgments bear interest at the rate of 12% compounded
- yearly, or at such rate as is set by the Court.
-
-
-
- LOUISIANA
-
- In Louisiana, the legal rate of interest is one point over the
- average prime rate, not to exceed 14% nor be less than 7%. Usury
- limit for individuals is 12%, there is no limit for corporations.
- (As warned, you cannot evade the limit by forming a corporation
- when the loan is actually to an individual.)
-
-
-
- MAINE
-
- In Maine, the legal rate of interest is 6%. Judgments below $
- 30,000 bear 15%, otherwise they bear interest at the 52 week
- average discount rate for T-Bills, plus 4%.
-
-
-
- MARYLAND
-
- In Maryland, the legal rate of interest is 6%; the general usury
- limit is 24%. There are many nuances and exceptions to this law.
- Judgments bear interest at the rate of 10%.
-
-
-
- MASSACHUSETTS
-
- In Massachusetts, the legal rate of interest is 6%; the general
- usury rate is 20%. Judgments bear interest at either 12% or 18%
- depending on whether the court finds that a defense was
- frivolous.
-
-
-
- MICHIGAN
-
- In Michigan, the legal rate of interest is 5%; the general usury
- limit is 7%. Judgments bear interest at the rate of 1% above the
- five year T-note rate.
-
-
-
- MINNESOTA
-
- In Minnesota, the legal rate of interest is 6%. The judgment rate
- is the "secondary market yield" for one year T-Bills. Usury limit
- is 8%.
-
-
-
- MISSISSIPPI
-
- In Mississippi, the legal rate of interest is 9%; the general
- usury limit is more than 10%, or more than 5% above the federal
- reserve rate. There is no usury limit on commercial loans above $
- 5,000. The judgment rate is 9% or a rate legally agreed upon in
- the underlying obligation.
-
-
-
- MISSOURI
-
- In Missouri, the legal and judgment rate of interest is 9%.
- Corporations do not have a usury defense. (Remember that a
- corporation set up for the purpose of loaning money to an
- individual will violate the usury laws.)
-
-
-
- MONTANA
-
- In Montana, the legal rate of interest is 10%; the general usury
- limit is above 6% greater than New York City banks' prime rate.
- Judgments bear interest at the rate of 10% per annum.
-
-
-
- NEBRASKA
-
- In Nebraska, the legal rate of interest is 6%; the general usury
- limit is 16%. Accounts bear interest at the rate of 12%.
- Judgments bear interest at the rate of 1% above a bond yield
- equivalent to T-bill auction price.
-
-
-
- NEVADA
-
- In Nevada, the legal rate of interest is 12%; there is no usury
- limit.
-
-
-
- NEW HAMPSHIRE
-
-
-
- In New Hampshire, the legal rate of interest is 10%; there is no
- general usury rate.
-
-
-
- NEW JERSEY
-
- In New Jersey, the legal rate of interest is 6%; the general
- usury limit is 30% for individuals, 50% for corporations. There
- are a number of exceptions to this law.
-
-
-
- NEW MEXICO
-
- In New Mexico, the legal rate of interest is 15%. Judgment rate
- is fixed by the Court.
-
-
-
- NEW YORK
-
- In New York, the legal rate of interest is 9%; the general usury
- limit is 16%.
-
-
-
- NORTH CAROLINA
-
- In North Carolina, the legal interest rate and the general usury
- limit is 8%. However, there is a provision for a variable rate,
- which is 16% or the T-Bill rate for non-competitive T-Bills.
- Above $ 25,000 there is no express limit. However, the law
- providing for 8% is still on the books- be careful and see a
- lawyer!
-
-
-
- NORTH DAKOTA
-
- In North Dakota, the legal rate of interest is 6%; the general
- usury limit is 5 1/2% above the six-month treasury bill interest
- rate. The judgment rate is the contract rate or 12%, whichever is
- less. A late payment charge of 1 3/4% per month may be charged to
- commercial accounts that are overdue provided that the charge is
- revealed prior to the account being opened and that the terms
- were less than thirty days, that is, that the account terms were
- net 30 or less.
-
-
-
- OKLAHOMA
-
- The legal rate of interest is 6%. Consumer loans may not exceed
- 10% unless the person is licensed to make consumer loans. Maximum
- rate on non-consumer loans is 45%. The judgment rate is the T-
- Bill rate plus 4%.
-
-
-
- OREGON
-
- The legal rate is 9%, the judgment rate is 9% or the contract
- rate, if lawful, whichever is higher. The general usury rate for
- loans below $ 50,000 is 12% or 5% above the discount rate for
- commercial paper.
-
-
-
-
- PENNSYLVANIA
-
- The legal rate of interest is 6%, and this is the general usury
- limit for loans below $ 50,000, except for: loans with a lien on
- non-residential real estate; loans to corporations; loans that
- have no collateral above $ 35,000. Judgments bear interest at the
- legal rate. It is criminal usury to charge more than 25%.
-
-
-
- PUERTO RICO
-
- The legal rate of interest is 6%; all other rates are set by the
- Finance Board of Office of Commissioner of Financial
- Institutions. Judgments bear interest at the same rate as the
- underlying debt.
-
-
-
- RHODE ISLAND
-
- The legal rate of interest and judgment rate is 12%. The general
- usury limit is 21% or the interest rate charged for T-Bills plus
- 9%.
-
-
-
- SOUTH CAROLINA
-
- The legal rate of interest is 8.75%, and judgments bear interest
- at the rate of 14%. Subject to federal criminal laws against loan
- sharking there is no general usury limit for non-consumer
- transactions. The South Carolina Consumer Protection code
- provides regulations for maximum rates of interest for consumer
- transactions. Please consult with counsel for the latest rates.
-
-
-
- SOUTH DAKOTA
-
- The legal rate of interest is 15%, judgments bear interest at the
- rate of 12%. There is no other usury limit. There are certain
- limitations on consumer loans below $ 5,000.00.
-
-
-
- TENNESSEE
-
- The legal rate and judgment rate of interest is 10%. The general
- usury limit is 24%, or four points above the average prime loan
- rate, WHICHEVER IS LESS.
-
-
-
- TEXAS
-
- The legal rate of interest is 6%. Interest does not begin until
- 30 days after an account was due. The judgment rate of interest
- is 18% or the rate in the contract, whichever is less. There are
- a number of specific ceilings for different types of loans,
- please see counsel for information.
-
-
-
- UTAH
-
- The legal rate of interest is 10%. Judgments bear interest at the
- rate of 12%, or a lawfully agreed upon rate. There are floating
- rates prescribed for consumer transactions. Please see counsel
- for information.
-
-
-
- VERMONT
-
- The legal rate of interest and judgment rate of interest is 12%.
- On retail installment contracts the maximum rate is 18% on the
- first $ 500, 15% above $ 500. The general usury limit is 12%.
-
-
-
- VIRGINIA
-
- The legal rate of interest is 8%. Judgments bear interest at the
- rate of 8%, or the lawful contract rate. Corporations and
- business loans do not have a usury limit, and loans over $ 5,000
- for "business" or "investment" purposes are also exempt from
- usury laws. Consumer loans are regulated and have multiple rates.
-
-
-
- WASHINGTON
-
- The legal rate is 12%. The general usury limit is 12%, or four
- points above the average T-Bill rate for the past 26 weeks,
- whichever is greater. (The maximum rate is announced by the State
- Treasurer.) Judgments bear interest at the rate of 12% or the
- lawful contract rate, whichever is higher.
-
-
-
- WEST VIRGINIA
-
- The legal rate of interest is 6%. The maximum "contractual" rate
- is 8%; Commissioner of Banking issues rates for real estate
- loans, and, may establish maximum general usury limit based on
- market rates.
-
- WISCONSIN
-
- The legal rate of interest is 5%. There are a myriad of rates for
- different type of loans. There is no general usury limit for
- corporations. Note that a loan to an individual, even if a
- corporation is formed, will violate the law. The judgment rate of
- interest is 12%, except for mortgage foreclosures, where the rate
- will be the lawful contract rate.
-
-
- WYOMING
-
- The legal rate and judgment rate of interest is 10%. If a
- contract provides for a lesser rate, the judgment rate is the
- lesser of 10% and the contract rate.