ID · compiled 2026-07-17
Idaho late fee law
When a contract is silent, Idaho's legal interest rate is 12% per year (Idaho Code § 28-22-104(1)). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
Idaho Code § 28-22-104(1)12%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.
When there is no express contract in writing fixing a different rate, the legal rate of interest is 12% per annum ('twelve cents on the hundred by the year'), applying to money due by express contract, money after it becomes due, money lent, money due on settled mutual accounts from the date the balance is ascertained, and open accounts after 3 months from the last item (Idaho Code § 28-22-104(1)). Judgments bear a separate variable rate (5% plus a Treasurer-set base, § 28-22-104(2)). Verified via full statute text on FindLaw's Idaho Code, corroborated by legislature.idaho.gov search results and the Idaho State Treasurer's site (the official legislature page repeatedly refused direct fetch).
Agreed (contract) rates and caps
Idaho Code § 28-22-104(1)The 12% default applies only absent an express written contract fixing a different rate - parties may agree in writing to another rate (§ 28-22-104(1)). Sources consulted identify no general usury ceiling for negotiated commercial/B2B rates (consumer credit is separately regulated under the Idaho Credit Code, Title 28, ch. 41-46); a specific statutory cap for commercial contracts was not verified - verify with counsel.
Prompt payment act
Idaho Code § 67-2302 (rate per § 63-3045)public
Idaho Code § 67-2302: all bills owed by the State of Idaho or any taxing district must be paid within 60 calendar days of receipt of billing (unless a contract in place at order time sets a longer period); late payments bear interest at the rate provided in Idaho Code § 63-3045 (the variable tax-interest rate). No private-sector or construction-specific prompt-payment interest statute was found.
Late-fee notes
No Idaho statute specifically governing flat late fees on commercial invoices was found; agreed late fees are generally enforceable subject to the liquidated-damages/penalty doctrine. Absent an agreed rate, 12% under § 28-22-104 is the default on overdue amounts (open accounts start accruing 3 months after the last item). Dishonored checks carry 12% plus limited collection costs (§ 28-22-105).
Compute a late fee on a real invoice under Idaho context, derivation shown, citation alongside.
Calculator, prefilled for IDSources for this entry
- https://codes.findlaw.com/id/title-28-commercial-transactions/id-st-sect-28-22-104/
- https://legislature.idaho.gov/statutesrules/idstat/title67/t67ch23/sect67-2302/
- https://www.findlaw.com/state/idaho-law/idaho-interest-rates-laws.html
- https://sto.idaho.gov/Banking/Legal-Rate-of-Interest
- https://law.justia.com/codes/idaho/title-28/chapter-22/section-28-22-105/
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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Chasing invoices in Idaho?
Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.