AR · compiled 2026-07-17
Arkansas late fee law
When a contract is silent, Arkansas's legal interest rate is 6% per year (Ark. Code Ann. § 4-57-101(d); Ark. Const. amend. 89 (art. 19, § 13)). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
Ark. Code Ann. § 4-57-101(d); Ark. Const. amend. 89 (art. 19, § 13)6%per year
Attaches to the debt by operation of law when you agreed no rate, so it accrues before any lawsuit and can be stated on a demand letter.
By statute, "the rate of interest under a contract in which a rate of interest is not specified is six percent (6%) per annum" (§ 4-57-101(d), text verified via FindLaw). This operates within the constitutional framework of Amendment 89 (effective Jan. 1, 2011), which replaced the old Federal-Reserve-discount-rate formula in art. 19, § 13: the maximum lawful rate on loans or contracts not otherwise described is 17% per annum. Arkansas is unusual in that its interest ceilings are constitutional, not merely statutory.
Agreed (contract) rates and caps
Ark. Const. amend. 89, §§ 3, 5–7; Ark. Code Ann. § 4-57-104Parties may agree in writing to any rate up to the Amendment 89 ceiling of 17% per annum for general (including commercial/B2B) contracts; there is no broad business exemption from the constitutional cap (federal preemption applies to many regulated lenders, e.g. banks, and Amendment 89 expressly yields to applicable federal law). Consumer loans and credit sales above 17% are void as to principal and interest. Agreed B2B late-payment interest above 17% therefore carries real risk.
Prompt payment act
Ark. Code Ann. §§ 19-4-1411, 22-9-205public
Public projects only (state construction; State Highway Commission contracts excluded). Ark. Code Ann. § 19-4-1411 sets 5-working-day processing windows for design professionals, agencies, and DFA, with an 8% per annum penalty payable to the contractor by the party responsible for delay; secondary sources report wrongfully withheld public-construction payments accrue 10% per annum under the related public-works provisions (Ark. Code Ann. § 22-9-205) - verify exact rate with counsel. No private-commercial prompt-payment act found.
Late-fee notes
Caution: because Amendment 89's 17% ceiling applies to "contracts" generally, a commercial late charge computed as (or recharacterizable as) interest exceeding 17% per annum may be unenforceable; flat late fees are otherwise assessed under standard liquidated-damages doctrine. No Arkansas statute specifically authorizing or capping flat late fees on commercial invoices was found.
Compute a late fee on a real invoice under Arkansas context, derivation shown, citation alongside.
Calculator, prefilled for ARSources for this entry
- https://codes.findlaw.com/ar/title-4-business-and-commercial-law/ar-code-sect-4-57-101/
- https://law.justia.com/constitution/arkansas/amendments/amendment-89/
- https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-amend-89-sect-3/
- https://law.justia.com/codes/arkansas/title-19/chapter-4/subchapter-14/section-19-4-1411/
- https://www.levelset.com/prompt-payment/arkansas-prompt-payment-faqs/
Not legal advice
Informational summary of state and federal statutes as researched on the sources listed per entry; not legal advice - verify current law with licensed counsel before relying on any rate or citation.
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Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.